- August 4, 2020
- Posted by: andreamcmillan
- Category: Injury
More than one person or party can be at fault for an accident or incident that injures someone. That’s called “comparative negligence.” Even an injured person can be comparatively negligent: he/she may be partially at fault for causing his/her own injuries.
Say, for example, you are walking in the grocery store and slip in a puddle of juice that store surveillance cameras show had been on the floor for a lengthy period of time. . You fall and fracture your arm. Store employees failed to conduct a routine floor inspection that would have revealed the juice, a clearly hazardous condition. The store was negligent in failing to discover and clean up the juice. But the store’s claims adjuster contends that you were also negligent in failing to notice the juice before you slipped and fell. The adjuster argues that you were comparatively negligent.
You are going to need surgery on your fractured arm, which will cause you to incur substantial losses, including medical bills and lost work income. But does the fact that you were partially at fault mean that you cannot pursue a personal injury claim against the grocery store?
The answer is: No
Florida’s Law of “Pure Comparative Fault” and How It Works
The fact that you were partially at fault does not prevent you from pursuing a personal injury claim or lawsuit against the grocery store, based on its negligence. Florida has a law of “pure comparative negligence,” which– instead of forbidding your claim– will, assign you a percentage of fault for your own negligence. The money you recover from the grocery store will be reduced by your percentage of fault. See Section 768.81, Florida Statutes.
So, for example, if the full value of your slip and fall damages is $300,000.00, but you were deemed to be 30% at fault, then your compensation would be $300,000.00 minus your 30% share of fault, providing you $210,000.00 in compensation. That’s how Florida’s system of “pure comparative negligence” works.
Whenever multiple parties are at fault, each party will be assigned a percentage of fault. If you, the injured person, are one of those “at-fault’ parties, then your recovery will be reduced by your percentage of fault.
How Comparative Negligence Applies to a Palm Beach County Car Accident
Comparative negligence principles apply in many types of personal injury matters, including car accidents. For example, Florida law requires motor vehicle occupants to wear fully operational seatbelts while traveling in a vehicle. A person who is not seatbelted at the time his/her vehicle is hit by a negligent driver will often suffer injuries more severe than he/she would have suffered if seatbelted.
In this scenario, the driver who hit the vehicle was negligent. The unbelted, injured occupant was also negligent, by failing to wear a seatbelt. The negligence of both caused, or contributed to, the unbelted person’s injuries. Both were “comparatively negligent.”
The Partially At-Fault Injured Party May Still Pursue a Personal Injury Claim
In spite of the unbelted person’s comparative negligence, he/she may still legally pursue a claim or lawsuit against the negligent driver. However, the damages (compensation) that the unbelted person receives will be reduced by his/her percentage of negligence. For example, if the amount of the unbelted person’s total damages was $1 million, but that person was 40% negligent, then the unbelted person will only receive $600,000.00 in compensation.
Can More Than Two Parties Be Comparatively Negligent?
More than two parties can be comparatively negligent in a single incident or accident. Let’s say, for example, that you were injured in a three-vehicle car accident.
3-Vehicle Car Accident
- You were Driver #1. You were injured, but you were also 10 % at fault. Effect: Your financial recovery will be reduced by your 10% share of comparative negligence;
- Driver #2 was 60 % at fault. Effect: Driver #2 has liability for paying 60% of your remaining damages;
- Driver #3 was 30 % at fault. Effect: Driver #3 has liability for paying 30% of your remaining damages
Who Determines The Percentages of Fault?
During the claims stage of your car accident or other personal injury matter, your lawyer (if you’re represented) will discuss/debate any percentages of fault suggested by the opposing insurance adjuster(s). If your case does not settle in the claims stage, and a lawsuit is filed in court, and your lawsuit does not settle, and actually goes to a jury trial, then the jury, in issuing its verdict, will decide the percentages of fault, and will write those percentages on its verdict form (see sample above).
Beware of an Insurance Adjuster Trying to Establish Your Comparative Negligence
When an insurance policy covers an incident, and a personal injury claim is filed, an “adjuster” (an employee of the insurance company) is assigned to investigate what happened, and to figure out how much the claim is worth. It’s important to remember that the adjuster works for the insurance company, not for you. The adjuster’s focus is always on keeping any payout as low as possible, so the insurance company is more profitable.
During the claims process, an insurance adjuster will often try to find some factual basis to argue that you were comparatively negligent, in order to reduce the amount of compensation the company pays you. The adjuster will want to take a statement from you, and will often ask you questions worded in such a way that they trap or trick you into responses that establish your comparative negligence. You may respond “I guess so,” to those kinds of questions, just to get the adjuster off your back. But that “I guess so” can establish your comparative negligence, thereby reducing the compensation you truly deserve. Your best bet is to hire an experienced Palm Beach County personal injury lawyer to handle all dealings with the insurance adjuster.
Beware of an Insurance Adjuster Tagging You with an Unreasonably High Percentage of Comparative Negligence
Even if you clearly share some fault for the accident/incident, the insurance adjuster may try to assign you an unreasonably high percentage of comparative negligence. You may not know how to challenge this, if you are not represented by a lawyer. An experienced Palm Beach County personal injury lawyer will challenge the adjuster by asking questions, such as:
- Where did the adjuster get his/her evidence of your comparative negligence?
- How did the adjuster calculate your percentage of fault?
- What about other evidence disputing the adjuster’s assessment of your comparative negligence?
These are the types of critical questions that an accident victim may be unable to effectively handle, without experienced legal representation by his/her side.
We Will Be By Your Side, Fighting for Maximum Compensation for Your Losses
If you believe you were partially at fault for a Palm Beach County car accident or other personal injury incident caused by another, it is in your best interest to reach out to an experienced lawyer, as soon as possible. That lawyer can conduct a detailed investigation to determine how the accident/incident happened, and fight to show that you were not at fault, or that your fault was slight, compared to the other party’s negligence. This will help to maximize the potential compensation that you receive from your claim.
Palm Beach County car accident and personal injury lawyer Andrea McMillan, with the Law Offices of Andrea McMillan, is committed to helping you recover the maximum amount of compensation for your case. She can explain how comparative fault may apply to your case during a free consultation. She can also review your legal options and advise you on what legal course of action she believes is in your best interest. All consultations are free. Contact the Law Offices of Andrea McMillan today at (561) 612-5700.