There is a common misconception that when someone is injured by another party, all they have to do is file a claim and wait for a check in the mail. In reality, this process is much more complicated than that, as negligence must be taken into consideration. These statutes can drastically impact the outcome of your case, so understanding the laws that Florida follows is critical. If you’ve been injured, you’ll want to keep reading to learn how Florida’s negligence statute can impact your case and why working with an Orange County injury lawyer is imperative to fighting for the best possible outcome for your circumstances.

What Are the Different Negligence Statutes?

There are two systems for determining how much compensation the victim of an injury will receive if they win their case. The first is the contributory negligence statute, which is only used by a handful of states. This essentially states that if a victim is found to have contributed to their damages in any capacity, even 1%, they cannot collect any compensation for the damages they’ve endured.

The next is a comparative negligence statute, which the overwhelming majority of states follow. Essentially, this allows the victim of an injury to collect compensation for damages even if they contributed somewhat to their accident. However, their award will be reduced by their contribution to the accident. There is a pure comparative statute, which means a victim can be 99% liable and still collect 1% of the damages. However, most states cap the percentage of fault at 50% or 51%.

Florida adheres to a modified comparative negligence statute. This means that if you are found 50% or more liable for the damages you’ve endured, you will be barred from collecting compensation for the accident. For example, if you are involved in a car accident which you are deemed 10% liable for, you can collect your damages reduced by 10%. If awarded $50,000, you will be eligible to collect $45,000.

What Can I Do to Help My Chances of a Favorable Outcome?

If you are involved in an accident, it’s important to take steps to help improve your chances of a favorable outcome. One of the most important things you can do is seek immediate medical attention, even if you feel okay. The defense can claim that you contributed to your injuries by waiting to see a doctor for treatment, thus having your compensation reduced.

Additionally, you should avoid saying anything to the other driver or their insurance that can be twisted as assuming liability for the accident. Even apologizing to the other driver can be held against you.

Finally, you should consult an experienced attorney for assistance during these matters. When you have legal representation, your attorney can help you navigate conversations with insurance agents to help you avoid saying anything that can be manipulated.

At Tropical Injury Law Firm, we understand how complicated these matters can be, which is why we will do everything possible to assist you during these matters. Contact us today for additional information on how we can help.