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Dec 20, 2022 · Section 768.81 (comparative negligence) Section 768.31 (contribution among tortfeasors) Damages. Damages are compensation provided to a plaintiff (person filing a lawsuit) for harm or injury suffered as a result of another's negligence. The amount of damages a plaintiff may recover depends on the circumstances of the case, including the following:
- What Is Florida Negligence Law?
- What Are The 4 Elements of Negligence in Florida?
- Florida and Comparative Fault
- Injured by Someone’S Negligence in Florida? Call Abrahamson & Uiterwyk Today!
- See What Our Clients Have to Say
You may be wondering, “What is Florida negligence law?” Florida negligence law states, “the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.” Although there are many famous court cases that are a big part of shaping negligence l...
In the most general sense, negligence, in Florida, is when someone fails to exercise a degree of reasonable care expected of them to minimize risk of harm to another. The four elements of negligence in Florida are: duty of care, breach of duty, causation, and damage. Here’s how they are broken down: 1. Duty of Care – First, a plaintiff needs to sho...
Florida is a modified comparative negligence state. This means that if you are found to be no more than 50% at fault for the accident, your recovery is reduced by the same proportion as your percentage of fault. As an example, if you are found to be 20% at fault in an accident, you may still recover 80% of your damages in a lawsuit. If, however, yo...
If you suffer injuries or other damages in an accident caused by someone else’s negligence, you have the right to seek compensation. And while filing any legal claim seems scary, the nearby personal injury team at Abrahamson & Uiterwyk is here to make the process as stress-free as possible. We know the law and proudly boast 30 years of experience s...
“Car accidents are probably one of the scariest and unexpecting times of our life. I received a referral from a friend for Abrahamson & Uiterwyk and I’m beyond glad I did. I called them while I was in the hospital and they walked me through the entire process along with my legal rights for care. The legal team stood by me, checking in to see how I ...
Mar 18, 2024 · The final element of negligence is damages. Damages refer to the actual harm or losses suffered by the plaintiff due to the defendant's negligence. This may include medical expenses, lost wages, property damage, and pain and suffering. To recover compensation for damages, the plaintiff must prove that they suffered losses as a direct result of ...
Dec 28, 2023 · Understanding negligence is crucial in Florida personal injury cases. Negligence includes elements like duty of care, breach of duty, causation, and damages. Comparative negligence can affect the outcome of a personal injury case in Florida. Different types of negligence claims exist, from medical malpractice to product liability.
Aug 17, 2023 · Under pure comparative negligence, even if a plaintiff is found to be predominantly at fault for their injuries, they can still recover damages. The damages awarded are reduced in proportion to the plaintiff’s assigned percentage of fault. This means that if a plaintiff is deemed 80% at fault, they can still recover 20% of the total damages.
Apr 5, 2019 · Additionally, Florida follows the comparative negligence rule. Hoffman v. Jones, 280 So. 2d 431, 438 (Fla. 1973). Under the comparative negligence rule, a plaintiff’s recovery is reduced in proportion to the percentage of fault, if any, that his or her actions or in-actions contributed to the damages or injuries sustained. 1. Duty
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Nov 2, 2023 · Florida negligence law specifies the type and amount of damages a plaintiff can seek. Comparative Fault in Florida. Florida follows a modified comparative negligence system, meaning you can still recover damages even if you are partially at fault for your accident. However, your compensation is reduced in proportion to your percentage of fault ...
