How is the doctrine of comparative negligence applied after an accident in Boynton Beach?
Boynton Beach, FL – Negligence lawsuits are the foundation of most personal injury cases. Many states have different systems of negligence, but they all are meant to allow a plaintiff to argue that the defendant’s lack of care was the reason for their injuries. States differ mostly regarding how to handle a situation where a plaintiff was partially or mostly at fault for the accident. Some states have limited a person’s ability to sue if it is found that they contributed to their own injuries. However, Florida has a fairly lenient system of negligence called comparative negligence that allows the amount of fault for the accident to be divided between everyone involved.
What is comparative negligence?
This is a system where two or more parties receive a percentage of fault for an accident to equal one hundred. The fault for the incident can be divided in any way necessary to reach the total of one hundred. When a plaintiff is assigned a certain amount of this fault, it does not prevent them from suing the other defendants. It merely reduces whatever damages are available relative to their level of fault. This system of negligence is in the state’s statutes, so it does not matter if the case is filed in Boynton Beach or any other court system in Florida, as the rules will be the same statewide.
How is a defendant sued?
In all negligence cases, the plaintiff must show that the defendant met all of the elements. These include a relevant duty of care, a breach of the duty of care, actual and proximate causation, and damages. In motor vehicle accidents, this is normally shown through things like evidence of speeding, going through stop signs, and distracted driving.
Applying fault to damages
The plaintiff may still be able to collect a fairly large sum of damages, even when partially at fault. For example, a plaintiff who is found by the jury to be ten percent at fault will still receive enough compensation to cover ninety percent of their losses. Obviously, a plaintiff with a greater level of contributory negligence may receive much less compensation.
Lawyers sometimes factor this system into settlement negotiations as well. This is because if fault is clear, or it is likely that one party is mostly at fault, the negotiations will be altered accordingly based on the leverage available to each party or insurance company involved.
Learning more about personal injury lawsuits
There are accident attorneys who work with local clients in Boynton Beach and other parts of Florida. The Law Office of Jeffrey A. Rosenberg is available to meet with anyone who has questions about a lawsuit.
Firm contact info:
The Law Offices of Jeffrey A. Rosenberg
5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487
561-508-8800
rosenberginjurylaw.com
