Comparative Fault in Florida Personal Injury Negligence Cases

Tort “deformers” purposely fail to make full disclosure in their holy war against the civil law justice system. A prominent example of something not being divulged is the well-established principle of law commonly known in Florida as Comparative Fault or Contributory Fault/Negligence. Quite simply, this concept provides that the Plaintiff’s degree of fault, if any, will be held against him or her in a claim against others arising out of an accident resulting in injury or death.

In every personal injury case, the degree of damage (injury or death; economic losses) sustained by the Plaintiff equals 100%. If the defendant or defendants – the parties being blamed [by the Plaintiff] for causing the accident – are found by a jury to be 100% at fault, they will be responsible for paying 100% of the Plaintiff’s damages. If, however, the Plaintiff is found to be at-fault in any degree for causing the accident, his or her recovery will be reduced accordingly. For example, if a jury determines that the Plaintiff has sustained damages totaling $200,000, but also finds that the Plaintiff is 25% at-fault, the Plaintiff’s net recovery will be $150,000.

This principle of Comparative Fault is just one of many legal concepts never mentioned by those forces bound and determined to bar the courthouse doors from the men, women, and children of this state in need of legal redress.

Stay tuned for further examples.

**************************************
Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.