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Florida Personal Injury Lawyers
$3,830,000

Catastrophic motorcycle accident resulted in a jury verdict.

$1,748,000

Auto accident, multi-car crash

$1,200,000

Auto accident

$1,035,000

Auto accident involving defective airbag

$850,000

Auto accident

$700,000

Auto accident

$700,000

Auto accident

$600,000

Hospital turned away patient

$550,000

Auto accident involving tractor trailer

$450,000

Auto accident

$400,000

Car accident

$350,000

Golf Cart Accident

$300,000

Slip and Fall at Work

$210,000

Slip and Fall

$195,000

Auto Accident

$175,000

Accident involving pressure cooker

$106,890

Auto Accident

$100,000

Auto Accident

$100,000

Auto Accident

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Overview of Florida’s Comparative Negligence Standard

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Determining who was at fault is one of the most important issues in the aftermath of a serious auto accident, truck accident, motorcycle accident, etc. It is important because determining who was at fault in an accident can greatly affect your compensation in a personal injury lawsuit.

According to Florida law, in order to get compensation for an accident, you have to establish that the other party was at least partially negligent. The standard for negligence varies for different states. This is why you should get a competent attorney who understands the law for your state.

Florida uses a system called pure comparative negligence. This means that the amount of compensation you get is determined by the degree of your negligence. For instance, if a jury determines that you were 30 percent responsible for an accident, your compensation would be reduced by 30 percent. So, for example, if a jury decides to award you $100,000 in damages and you were 30 percent negligent, you would receive $70,000 in damages.

Florida adopted the system of comparative negligence in 1973. The reason for this is that in a lot of cases, the causes of the accident is not in black and white. Accidents are caused by the actions and inactions of multiple parties. So, it is only fair that each party shoulders their own responsibility in causing the accident. 

Establishing Negligence in a Florida Personal Injury Case

To establish negligence against the defendant in Florida, you have to prove the following:

  • The party that injured you had a duty of care: In car accidents, all drivers have a duty of care towards all other motorists. They are expected to act with care while using the road.
  • The individual failed in that duty of care: This can be by failing to heed traffic laws, over speeding, texting and driving, driving while intoxicated, texting and driving, and so on.
  • The failure in carrying out that duty of care caused your injury: You have to prove that the injuries you suffered are a result of the negligent act of the other party.
  • The injury you suffered caused you to suffer harms and losses: What this means is that you suffered financial loss as a result of your injuries. If after an accident, you didn’t incur any expenses for treating your injury, then you can’t have a successful claim. You need to establish the losses you suffered as a result of the negligent act.

Proving who was at fault in an accident requires a thorough investigation of the accident scene, collecting evidence, and effectively presenting that evidence to a judge and jury. This is where a lawyer can prove to be invaluable. They can immediately go to work for you to see if there is surveillance camera footage from the accident, they can order the police accident report, contact witnesses, review your medical records, and so forth. 

Contact an Experienced Miami Personal Injury Lawyer Today

The lawyers at the Pendas Law Firm are well-versed in Florida law and know how to effectively present a case to a jury. Contact our office today for a free consultation. The firm represents clients in the Fort Lauderdale, Tampa, Orlando, Fort Myers, Jacksonville, West Palm Beach, Daytona Beach and Bradenton areas.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

Read What Others Have To Say About Us

  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
  • “Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings…Pendas was a pleasant & more personal approach instead of...”

    Joseph Kestell
  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod