Comparative Fault

Comparative fault is a principle (described in Florida Statute 768.81) which allows juries to assign percentage of fault in negligence cases in Florida. Juries will determine how much fault each party in a lawsuit is assigned and may even assign fault to parties not involved in the lawsuit. Once fault is assigned, juries can assign compensation based on how much at fault each party has been allotted.

If you have been injured on a property and you believe that your injuries were caused by a property owner’s negligence, you may decide to file a legal claim to help with medical costs, lost wages, and other expenses. If you do decide to file a claim, the issue of comparative fault may arise. You will likely be paid a portion of the compensation awarded, based on the amount of fault the defendant and other parties have been assigned. If you have questions about comparative fault or you think you may have a premises liability claim in Miami or another South Florida community, contact the Flaxman Law Group at any time.

The law of contributory fault was used in Florida until 1973 for negligence cases. This meant that a plaintiff would be allowed no recovery or compensation if he or she were at fault, even in a miniscule way. Someone who was assigned just one percent fault in a slip and fall accident in Miami or another community, for example, would not be awarded any compensation for their injuries prior to 1973.

Comparative fault ensures that property owners and others are held accountable for their actions. If you believe that you have a premises liability or inadequate security case in Miami or another community, speak with a personal injury attorney. A personal injury attorney in Miami or your community can help you understand the laws that affect your case and can help you reach a decision about your situation.

Depending on the circumstances of your accident, you may qualify for compensation that can help you pay for medical care, lost wages, in-home care, rehabilitation, and other expenses that you may have incurred due to your injuries. Whether you have suffered a head injury in Miami or another serious injury, the medical costs alone can be substantial. Seeking compensation can help ensure that these costs do not place undue financial pressure on you and your family.

If you have sustained a personal injury in Miami or any other South Florida community that you feel may have been caused by a property owner’s negligence, contact the Flaxman Law Group legal team to arrange for a free accident consultation to discuss your situation. You may be entitled to compensation that helps pay for your injuries, and helps reduce some of the financial stress that a serious injury can cause. Your initial consultation with the Flaxman Law Group legal team is absolutely free and comes with no obligation.