Florida’s Comparative Negligence Law is another important law that was created for Personal Injury Lawsuits.
So many times when a lawsuit is filed against another motorist their version of what happened is always different than the one filing the suit. Most individuals with a lawsuit pending against them try to divert the liability of the accident or at least partial liability onto someone else particularly the one filing the suit.
When this happens and it is not clear that the liable accused was 100% at fault, it is then necessary to determine what percentage of the accident was who’s fault.
If the courts can be convinced that the Plaintiff’s actions leading up to the accident may have played a role in partially causing it, then a percentage of liability will be assigned to the plaintiff and that percentage will then be deducted from the full amount of compensation allowed.
Florida courts abide by this rule during the development of a Personal Injury Claim. Insurance adjusters will most likely incorporate the Comparative Negligence Rule in their out of court negotiations.