What Is Comparative Negligence?
If you have been in an accident, you might be wondering what comparative negligence is and how it applies to your case. A local personal injury lawyer will know all about comparative negligence.
Each state has different negligence laws, but if you live in Florida, you’re living in a state where they practice comparative negligence. This is a little different from other negligence laws, but it can still help you with an injury case, depending on the situation.
Comparative negligence simply states that both parties are somewhat at fault. No party is more at fault than the other, but they might not be equally at fault, either. For example, say you are driving over the speed limit and you change lanes, but someone is also changing lanes at the same time, and they hit you from behind. Now you’re dealing with serious injuries.
Since they hit you from behind, you might be thinking that they are completely at fault. But since you were speeding, the jury and judge could find that you are also at fault to a certain extent.
If a jury finds that you are 30% at fault, as an example, any compensation you’re eligible to receive will be reduced by 30%.
Overall, this process allows parties to be assigned blame fairly and to file insurance claims appropriately.
How It Affects Insurance
If you live in a comparative negligence state like Florida, you are probably wondering how it affects your insurance claim. Insurance companies only want to pay for the damages that were done by the people they have insured. They don’t want to spend too much money paying for the faults and damages of the other driver if they don’t have to.
Insurers will usually negotiate and litigate to ensure they are not paying a cent more than they have to. So, they will use the fault percentages to determine how much they have to pay.
When to Partner with a Lawyer
If you feel like the insurance company is wrongly putting a percentage of fault on your claim or you feel like your insurance talks have been unsuccessful, consider partnering with a lawyer to see if they can speak on your behalf. Experienced lawyers will be able to negotiate and bargain on your behalf to try to get you a better deal.
They can also answer any comparative negligence questions you may have and help you sort out any confusion.
Reach Out to an Accident Lawyer Today
If you want to speak with a lawyer about your case or just want to discuss what comparative negligence is, give The Law Offices of Casey D. Shomo a call today at 561-659-6366. You can also fill out our online form and we will get back to you.