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What is pure comparative negligence?

If you sustain injuries in a motor vehicle accident, you may wish to file a claim for damages such as hospital bills and vehicle repair costs.

Florida is a comparative negligence state as it pertains to fault and compensation for damages. This means that the amount of your compensation will go down if the courts determine that you are partially at fault for the accident.

Pure comparative negligence in Florida

There are two different types of comparative negligence: pure comparative negligence and modified comparative negligence. According to FindLaw experts, Florida utilizes a pure comparative negligence approach to car accident settlements. This model decreases the amount of your total compensation in direct proportion to the amount at which you are responsible for the accident.

For example, if your total compensation is $5,000 and the courts determine you are 20% responsible for the accident, your total compensation will decrease by 20% and you will receive a total compensation of $4,000.

The statute of limitations for filing a claim

Typically, a lawsuit for damages related to a car accident occurs if you sustain severe or permanent injuries. Your insurance company’s personal injury protection policy is responsible for covering minor injuries, due to Florida’s “no-fault” laws for car accident damages.

For lasting and severe injuries, you must file a claim within four years from the date of the accident. This is Florida’s timeframe for car accident statute of limitations. Unfortunately, if you do not file a claim within the first four years, you will likely forfeit and damages you may be able to recoup.