What is comparative fault and how does it affect my accident case?


Comparative fault is the law in Florida. It’s also known as comparative negligence. Basically, it just means that both parties to an accident can be liable. In that type situation, there’s a percentage of fault attributed to each party. For example, one party can be 60% liable; the other party 40% liable. Now, if it’s the other party’s fault primarily, and you are 40% at fault, then whatever money you recover at the end of the case, you would recover 40% less. If 100,000 was recovered by you, because you were 40% at fault, you would receive $40,000 less. You would only get 60,000 because you were partly at fault.


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