Defending Against Claims of Comparative Negligence in a Florida Personal Injury Case

If you suffered injuries in a Florida accident because of another party’s negligence, you have the right to recover compensation from the negligent party. However, recovering compensation from a negligent party is often not an easy task. Personal injury cases are often challenging, especially when the defendant tries to claim comparative negligence on the claimant’s part. When a defendant brings up the comparative negligence defense, they are claiming that you contributed to your injury and damages, thus, should be held partially liable for your losses. Defending yourself against such claims can be challenging. Fortunately, with the help of a skilled personal injury attorney, you can successfully fight the comparative negligence defense. An experienced attorney can help you build a strong case that can help you fight claims of comparative negligence.

What Is Comparative Negligence?

Comparative negligence is a doctrine used to determine how fault should be allocated in a personal injury case. This doctrine reduces a claimant’s recovery by the percentage in whey they are at fault for their injury and damages. According to the comparative negligence rule, if a claimant is found to be partially responsible for their injury and damages, their compensation should be reduced by their percentage of fault. In some states, if a plaintiff is as much at fault or more at fault than the defendant, they cannot recover compensation.

Defending Against Claims of Comparative Negligence

In Florida, you can recover compensation in a personal injury claim even if you are more at fault than the defendant. However, if you are not partially responsible for your injury and damages or if you are only minimally at fault, it is vital that you defend yourself after the defendant raises the comparative negligence defense to ensure you recover the compensation you deserve.

The most crucial step to defending yourself against comparative negligence claims is gathering evidence. For example, gather witness statements/testimonies, pictures or video footage of the accident scene, police reports, and medical records. All this can help you prove you are not at fault or minimally at fault.

An attorney can help you gather the evidence you need to prove your case. After helping you gather evidence, your attorney can help you build a strong defense strategy against the defendant’s claims. Your attorney can help you prove that the defendant is entirely to blame for your injury and damages. If you are only minimally at fault, your attorney can help you prove that the defendant is primarily responsible for your accident. Your attorney can also help you prove that something you did was reasonable under the circumstances.

Working With Expert Witnesses To Defend Against Claims of Comparative Negligence

Expert witnesses can be crucial if you are faced with comparative negligence claims. Such witnesses can provide testimony on how your accident happened and your actions leading to the accident. For example, you can work with accident reconstruction experts.

In the event that your level of fault is what the defense side claims, it may be wise to negotiate with the defendant. However, it is crucial to approach settlement negotiations carefully. An attorney can handle negotiations on your behalf.

Contact Us for Legal Help

If you’ve suffered injuries and damages because of another party’s negligence and need help recovering the compensation you deserve, contact our Tampa personal injury attorneys at The Pendas Law Firm.

The Pendas Law Firm also represents clients in the Fort Myers, Fort Lauderdale, Ocala, Bradenton, West Palm Beach, Naples, Melbourne, Jacksonville, Miami, Daytona Beach, and Orlando areas.