When a lawsuit is brought for damages caused by an accident, the judge or jury must decide who caused the accident, since more than one person may have been negligent, including the person who is bringing the lawsuit. Once the amount or percentage of negligence has been determined for each person, damages are awarded as determined by the system of fault the state follows. These complicated legal matters are best handled with the representation of an experienced lawyer versed in all types of negligence cases, which you can find here at Gregory Law Firm in Jacksonville, FL. To learn more, contact our firm online or call 904-722-2222 for a free consultation.
Highly technical statewide negligence systems are difficult to understand and even more difficult to build a case for without the aid of experienced legal representation, so we are here to help.
Types of Negligence
There are four predominant systems used throughout the United States: “contributory negligence,” “pure comparative fault,” and “modified comparative fault,” which has two different modification options. There are also a handful of states that have their own unique systems of determining damage awards. Florida follows the doctrine of pure comparative fault, and states use a variety of reasons to justify the various systems they use.
Contributory negligence bars any recovery by the person bringing the lawsuit if they were responsible for the accident in any way. Thus, if the judge or jury decides the person who is bringing the lawsuit is even one (1) percent at fault for causing his own injuries, the person bringing the lawsuit may not recover any damages.
Pure Comparative Negligence
In a pure comparative negligence system, the judge or jury decides how much fault should be allocated to each person responsible for an accident, and then apportions the amount of damages accordingly. For example, if a person is found to be 40 percent at fault for causing his or her own injuries, then the other party or parties responsible will only have to pay 60 percent of the plaintiff’s damages. This is based on the percentage of fault assigned to each of them.
Modified Comparative Fault
There are also states that use a modified comparative fault system. Just like a pure comparative negligence system, a judge or jury decides how much fault should be allocated to each person responsible for an accident and apportions the amount of damages accordingly. But unlike a pure comparative negligence system, a limit on the percentage of fault of the person bringing the lawsuit is used. There are two different limits used: the 50 percent fault rule and the 51 percent fault rule.
50 Percent Fault Rule
If the 50 percent fault rule is used, the person bringing the lawsuit cannot recover if he or she is 50 percent or more at fault, but if he or she is 49 percent or less at fault, recovery is reduced by his or her degree of fault. Thus, a person who is found to be 50 percent at fault will recover nothing, whereas a person who is found to be 49 percent at fault can recover 51 percent of his or her damages.
51 Percent Fault Rule
If the 51 percent fault rule is used, the person bringing the lawsuit cannot recover if he or she is 51 percent or more at fault. This follows the principle that a plaintiff who is more negligent than a defendant should not be able to recover anything. Here, if the person bringing the lawsuit is 50 percent at fault, he or she can recover 50 percent of the damages, but cannot recover anything if found to be 51 percent or more at fault.
Contact an Experienced Negligence Lawyer Today
These highly specific systems are difficult to understand and even more difficult to build a case for without the aid of experienced legal representation. Contact our practice online or call 904-722-2222 today to speak with a negligence lawyer about your case.