What Is Comparative Negligence?

Comparative negligence is a term you’ll hear early and often if you ever choose to file a personal injury lawsuit. It’s a tort principle that can be applied to many personal injury cases, including those involving car accidents and medical malpractice.

So, what is comparative negligence? Find out below.

Defining Comparative Negligence

In some cases, one party is found 100% responsible for an accident that resulted in another party’s damages. In these instances, the plaintiff in a personal injury case is eligible to recover 100% of the personal injury compensation owed to them.

But in other cases, two or more parties are found to have shared responsibility for an accident. This is when comparative negligence comes into play.

It assigns a certain percentage of fault to each party involved in an accident. It allows plaintiffs to recover proportional damages based on these percentages.

If, for example, you’re involved in a car accident and found 40% to blame, you maintain the right to file a personal injury claim against the party responsible for 60% of the crash. But since you share responsibility, you are only entitled to recover 60% of the damages in your case.

Examples of Comparative Negligence

The legal landscape is filled with examples of comparative negligence. Many relate to auto accident cases.

One good example would be a driver running a red light and colliding with your car. Under normal circumstances, this driver might be 100% to blame for the injuries you sustained.

If, however, you weren’t wearing a seatbelt at the time of your crash, this might have played a part in your injuries. You could assume some fault for your injuries and not collect as much compensation in a personal injury case.

Comparative negligence can apply to medical malpractice cases as well. Let’s say you broke your leg, and the doctor who treated you failed to set your broken bone properly. But let’s also say you disobeyed your doctor’s orders and went hiking on your broken leg and injured it again.

You can likely file a medical malpractice lawsuit against your doctor for not providing proper medical treatment. But because you were partially responsible for reinjuring your leg, this may limit the amount of compensation you can seek.

Florida’s Modified Comparative Negligence Laws

Florida enacted a modified comparative negligence law in 2023. The state used to have pure comparative negligence laws that allowed anyone involved in an accident to take legal action, even if they were largely to blame for it. This is no longer the case.

The Sunshine State’s modified law — also known as the “50 percent bar rule” — prevents anyone who is more than 50% responsible for an accident from filing a personal injury lawsuit.

Contact Us To Speak With a Florida Personal Injury Lawyer About Comparative Negligence

Are you confused about the concept of comparative negligence? Jeffrey R. Davis, P.A., can provide you with additional information and let you know how it may impact a personal injury case you plan to file. Call us at (305) 577-3777 to schedule a consultation.