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What Is Comparative Negligence?

If you were in a car accident in the state of Florida, it is important to know the answer to “what is comparative negligence?” because it will directly influence how much money you receive for your accident claim. Proving negligence is actually one of the most essential things an attorney will do for you. Here is why:

Negligence is the legal term for fault or blame

Naturally, the driver who caused the accident would be negligent or responsible, and as such, their insurance company would have to pay to settle the claim. Their insurance company will have people on their side trying to prove that their client is not at fault so you will not be entitled to anything. As an attorney, my job is to make sure that doesn’t happen.

What is comparative negligence?

Each state has laws defining negligence and what happens when each party is partially to blame for the wreck. In Florida, that is comparative negligence. In most cases, each driver has at least a portion of the blame, however slight. For example, you may have been the one hit but if you were driving five miles over the speed limit, a jury might find you to be five percent negligent.

What is comparative negligence and how does it influence how much money I receive?

With comparative negligence laws, the percentage that you are to blame is deducted from your financial award. If the total financial award was $20,000 and you were found to be five percent negligent, you would receive $19,000. If you were found to be 40 percent negligent, you would receive $12,000. This makes hiring a skilled and experienced attorney incredibly important for maximizing the value of your claim and final compensation. Our job is to gather the evidence necessary to demonstrate that the other driver was at fault, not you.

Steps You Can Take After Your Accident

To help prove negligence, document everything. Take pictures, write down the names and phone numbers of witnesses, visit the doctor right away, and call an attorney. The sooner we begin to gather evidence and document what happened, the easier it will be to prove negligence.

Call for Help

Now that you can answer the question, "what is comparative negligence" you also understand why you need an attorney on your side to prove that you were not to blame for the accident. With Lavent Law, you are not a name on a file but someone deserving of personal attention and support. We will answer your questions, learn more about your accident, and begin to build a strong case for why you deserve financial compensation. To ask questions or to get started, call (305) 440-0450, or contact us here.