If you’ve suffered from an injury after slipping and falling on someone’s
property, your first instinct may be to file a personal injury claim and
expect to receive full compensation. Unfortunately, that isn’t always
the case, especially in instances where comparative negligence plays a
part. In this blog, our Brevard County personal injury attorney explains
comparative negligence and how it can impact your slip and fall case.
What is comparative negligence?
Comparative negligence means that the damages you are awarded for your
injuries will be reduced according to the percentage of your fault for
the accident. For example, if a jury finds you 20 percent at fault for
your slip and fall accident, your total compensation will be reduced by
20 percent. If your total award amount was $10,000, the property owner
will be required to pay you $8,000 for your injuries.
When you file an injury claim, you can expect that the property owner will
argue that you are partly to blame for the injuries you’ve suffered.
He or she might contest that you were distracted and looking at your phone
while walking, you were wearing inappropriate footwear, or that the dangerous
property condition should’ve been obvious to you. If a judge and
jury sees that the property owner’s argument is valid and you share
some of the responsibility, Florida’s “pure comparative negligence”
rule will apply.
The Importance of Building a Strong Case
Whether or not your slip and fall case goes to court, comparative negligence
will still be a considerable factor when negotiating settlements. You
want to make sure you’re building the strongest case possible against
the property owner to prove that he or she is completely liable for your
injuries. The personal injury attorneys at
Henderson & Futchko, P.A. have skillfully represented more than 2,500 people and are prepared to
do the same for you. From start to finish, our clients are considered
a top priority and will work tirelessly to help you reach your goals.
Put our 70 years of experience to work by calling our Brevard County personal
today at (321) 348-4520.