Negotiating a Settlement Under Florida’s Modified Comparative Negligence Rules

Filing a personal injury case in Florida is not always smooth sailing. Florida is a modified comparative negligence state, so knowing how these rules affect your case is important.

Florida changed from a pure comparative negligence system to a modified comparative negligence rule in March 2023. According to the new rules, those dealing with injuries because of negligence can recover damages only if they are 50% or less to blame for their own injuries.

If someone is hurt in an accident and found they are more than 50% at fault, they cannot recover any damages. It is crucial to note that medical malpractice cases in Florida do not follow these same rules.

Moreover, if a person was hurt in an accident but is also to blame for it, their compensation will be reduced by their percentage of fault. The reduction can be up to 50%.

So, if a driver goes too fast in a 40 mph lane and is struck by another driver who runs a red light, both are to blame for the accident. If the speeding driver is found to be 25% to blame, their eventual compensation will also be reduced by 25%. This means if they were going to get $100,000, they would now only get $75,000.

The change in comparative negligence laws impacts several other areas of tort law in Florida.

For example, the personal injury statute of limitations has been reduced to two years for general negligence claims. Exceptions apply for active duty members.

There are also changes to the types of evidence that are now admissible to prove damages in medical bills.

Furthermore, there are several modifications to insurer liability regarding bad faith.

If you are involved in an accident in Florida, you must take several steps to ensure you get a compensation payout.

The first thing to do is get evidence from the accident scene. The more evidence you get, the less likely it will be for the other party to shift all the blame on you.

This means you must get a copy of the official accident report. You must get evidence through videos and photos from the accident scene. Ideally, you want to have clear pictures of your injuries and the damage to your car.

You also want footage of the surrounding area, including broken traffic lights or infrastructure.

If there were bystanders and witnesses, their testimonies would be invaluable to your case. So will proof of medical expenses and lost income.

If you want to file a personal injury case, you should get a Florida lawyer to help you. Personal injury lawyers are clued up with all the changes in regulations and will be able to advise you on the value of your case.

Your lawyer will calculate how much your medical expenses cost you and how much future medical treatment will cost. They will also consider your lost wages and whether there is a risk of loss of earning capacity.

At the same time, your lawyer will calculate your non-economic damages to make it part of your settlement demand. Property damage will also be included.

When you work with an experienced lawyer, you get someone to negotiate with insurance companies. They will protect you from unfair blame and lowball offers. Your lawyer will also take your case to court if no settlement is reached with an insurer.

Your lawyer will focus on liability arguments to minimize your percentage of fault. Your lawyer will highlight the other party’s negligence using the evidence gathered. This means they will point out things like traffic violations and distracted driving.

The point is to present strong evidence that counter all claims against you. Your lawyer’s job is to keep your fault percentage as low as possible so you can get the highest compensation possible.

Your lawyer will show how the accident has impacted your life. This means they will demonstrate through medical records and expert testimony that your life will never be the same again. Your physical, emotional, and financial damages may cause you to suffer ongoing issues, which is exactly what your lawyer will harp on.

Your lawyer will also not accept the first offer presented by the insurer. Insurance companies are not known for offering fair settlements the first time around. It is often only after a legal case is filed that an insurer improves its offer to a victim.

Your lawyer will negotiate all counteroffers until a sufficient agreement is reached. If no settlement is agreed upon, your lawyer will advise you to walk away and pursue litigation. Your lawyer will also file the legal case for you and represent you in the relevant court.

It is important to remember that the increased risk of blame will continue to motivate insurers to push the blame onto clients. This is primarily because insurers do not want to pay huge settlement sums.

The problem is that even a slight increase in fault allocation can significantly reduce your compensation.

You must protect your rights at all costs, which a lawyer can help you with. Your lawyer will file your case well within the statute of limitations. Additionally, your lawyer will ensure you never have to communicate directly with an insurance company.

Insurers are also known for using client statements against them, so if you say something that sounds like you are admitting fault, it will be used against you.

Never try to settle a compensation case on your own, especially in Florida. You need a lawyer who understands all the new laws and regulations to help protect you against the tactics of insurance companies. This is the only way to navigate personal injury cases with confidence.

If you have been injured in an accident and need legal guidance, your first call should be to a personal injury lawyer in Florida. This will take the stress off your shoulders and allow you to recover well while your lawyer fights for compensation on your behalf.