Comparative Negligence vs. Contributory Negligence

Miami & Ft. Lauderdale, Florida

In a personal injury lawsuit, a court must determine where fault should lie, and who should be responsible for damages. This is done through an investigation process by the judge, jury, and attorneys for both sides. In some instances, one side is clearly at fault, and damages are awarded to the other party accordingly. In others, the court determines joint responsibility, and must decide what portion each party is responsible for.
Contributory Negligence
Contributory negligence law holds that if a person causes harm to someone else, they cannot be held liable if the other party contributed in any way to their own injuries. This means that if you are in an auto accident in which you were only 5 percent to blame, you are unable to collect damages, even though the other party was almost entirely at fault. Only 5 states follow contributory negligence law.
Comparative Negligence
13 states, including Florida, follow pure comparative negligence law. Under comparative negligence, if you contributed to your accident, you can still collect compensation for your damages, but those damages will be reduced by the percentage the court determines you were to blame. This is where your choice of attorney plays a large role. The attorneys at our firm will thoroughly investigate your accident and help ensure that fault is properly determined, and you are fully compensated for all of your damages.
All other states follow modified versions of these negligence systems.
If you live in or around Miami, Ft. Lauderdale, West Palm, or Ft. Myer, Florida and have been injured in an accident, please contact The Cochran Firm South Florida to see how we can help you collect the full compensation you are due.