My Personal Injury Claim and the Law of Comparative Negligence: What Should One Expect

Tampa uses a modified comparative negligence or comparative fault system, as do the majority of states. In a nutshell, a comparative negligence system permits a victim to recover compensation for injuries and financial losses even if he or she is partially to blame for the incident, subject to certain restrictions.

What is Comparative Negligence and How Does It Work?

Compensation may be paid in proportion to the parties' negligence. Again, modified comparative fault systems vary each state. Tampa is one of the states that have that 51% threshold. Under the Tampa comparative negligence law, a victim can claim compensation for injuries if they were less than 50% at fault. Insurance adjusters assign fault to each person involved in an accident. A jury determines the degree of responsibility if a case goes to trial. If a jury deems you partially responsible and award damages, your judgment will be reduce.

How Will It Affect My Reward? 

When a jury decides a personal injury lawsuit in Tampa, the compensation given is lowered by the plaintiff's negligence. Insurance companies and defense counsel would very probably blame you for the accident. Insurers often employ duty shifting to lower their liability and the amount they must pay to resolve a claim. As a result, never try to negotiate with the negligent party's insurance provider. Allow a seasoned personal injury lawyer to represent you. It is best left to a skilled legal professional who can gather all the essential details and negotiate on your behalf.

How Does Comparative Negligence Work in Tampa?

In a negligence action in Tampa, a plaintiff can obtain money damages if his or her culpability is less than 51%.  The main grounds of a negligence claim are that a defendant owed a plaintiff a duty of care, the defendant broke that duty, the breach caused the plaintiff's injuries, and the plaintiff's injuries caused damages. Tampa enacted comparative negligence for motor vehicle accidents, and it expanded to include all injury claims.  

Modified Comparative Negligence vs. Pure Comparative Negligence

A dozen jurisdictions have pure comparative fault systems, which allow accident victims to recover damages even if they were the primary cause of the accident. While pure comparative fault allows a victim to collect damages, regardless of their level of carelessness, the amount of compensation given is lowered to account for the victim's share of blame. In a pure comparable state, a claim that could have been disallowed outright in a modified comparative state like Tampa could nonetheless wind up being practically akin to a lost cause.

Contact an experienced personal injury lawyer

In each personal injury lawsuit, the degree of fault is an important factor in out-of-court settlement negotiations and jury selection. Anything you say to an insurance provider that indicates you contributed to a car accident or other injury should be taken seriously. It's usually best to let an experienced personal injury lawyer deal with the insurance company. Giving a taped statement to an insurance adjuster or other representative is never a good idea. Never accept an insurance adjuster's assessment of culpability. Insurers routinely try to induce accident victims to unintentionally admit fault or culpability in order to reduce or deny compensation claims.