Comparative negligence in a personal injury case is a system that allows defendants to reduce the amount plaintiffs can claim for damages based on the proportionate amount of wrong that the plaintiff contributed to the situation. What does that mean? Well, suppose the court determines that an accident was caused 60 percent by the defendant and 40 percent by the plaintiff. In that case, the plaintiff will only be able to recover a maximum of 60 percent of the damages that occurred.
So, how is comparative negligence calculated? The courts will hear the case and decide how the fault is divided. If the defendant was speeding when they caused the accident, then they are likely to be determined to be at fault. But if it is proven that the plaintiff was partially intoxicated or texting while driving during the accident, they may also be deemed partially at fault. The jury’s job is to determine the level of fault held by each person in the case.
This is part of the reason why it is always a smart idea to have a personal injury lawyer in Hernando County, FL, at your side. Your legal counsel is skilled at finding all the details of a case and can help draw attention to any potential comparative negligence during the trial.