What is pure comparative fault in Florida?

Post on behalf of Thomas J. Ueberschaer PA on Thursday March 19, 2015

When people are hurt in an accident, they might decide not to pursue compensation because they aren’t sure how the part they played in the accident might affect their case. Florida is a state that uses the concept of pure comparative fault as the basis of determining fault. Some of our Florida readers might like to know what this concept means.

What is pure comparative fault?

Pure comparative fault means that a person can recover damages in accordance to the percentage of the defendant’s fault. That means that if a complainant is 25 percent at fault for an accident, the defendant is 75 percent at fault. In that case, the complainant can receive 75 percent of the worth of their damages. In this case, if the injury is worth $100,000 according to a jury, the complainant would receive $75,000.

What if the complainant is more at fault?

Even if the complainant is more at fault than the defendant, the plaintiff can still recover damages under the pure comparative fault concept. This means that even if the complainant was 99 percent at fault, they could still receive 1 percent of the compensation. So, a complainant who is 99 percent at fault could receive $1,000 of a $100,000 award.

The pure comparative fault concept shows that even if you played a part in what caused your injury, you might still be able to receive compensation for your injuries. It is important for anyone who was injured in an accident learn how he or she can seek compensation. They should also learn how their part in the accident might affect the case.

Source: National Paralegal College, “Comparative Negligence” accessed Mar. 19, 2015

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