Robert E. Turffs

Attorney At Law

 

1444 1st Street, Suite B
Sarasota, Florida 34236


Phone: (941) 953-9009
Fax: (941) 953-5736

What if the accident is partly my fault? Can I still have a claim?

In Florida, even if an accident was partially your fault, you still may have a claim based on the concept of comparative negligence. The term "comparative negligence" refers to negligence by an injured person that may have contributed to causing that persons own injuries. Under comparative negligence concepts, the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused.

 

In Florida, comparative negligence concepts may apply to cases other than negligence cases. For instance, even where there is "strict liability" on the part of the person or company that caused the injuries, comparative negligence may be a consideration.

 

Generally speaking, where someone intentionally hurts another, comparative negligence in not an issue.