What exactly is comparative fault?
Also known as comparative negligence, comparative fault is a legal principle that is used while liability and damages in personal injury cases. It recognizes that an accident can often be the result of multiple parties' actions or negligence. So, each party that is involved in an accident is assigned a percentage of the fault and this is based on their specific contribution to the accident.
When you talk to a Melbourne injury attorney, they will tell you that there are 2 main types of comparative fault systems:
• Pure comparative fault, where an injured party can recover damages even if they are predominantly at fault for the accident. However, their compensation is reduced by their percentage of fault.
• Modified comparative fault, where there are variations in how much fault a plaintiff can have and still recover damages. Within this, there are two sub types:
1. 50% Bar Rule: The plaintiff cannot recover damages if they are 50% or more at fault.
2. 51% Bar Rule: The plaintiff cannot recover damages if they are 51% or more at fault.
This is where the assistance of a Florida personal injury lawyer will come in super handy! If you have been in an accident or have experienced a personal injury, having an experienced lawyer will have multiple benefits:
• They will know the local comparative fault system and will be able to help you get the maximum damages possible.
• To support your claim, they will help gather evidence such as photos, witness statements, and accident reports. This evidence will help determine each party's degree of fault and eventually strengthen your case.
• Your Melbourne car accident lawyer will also help you in reflecting on your own actions leading up to the accident and help you acknowledge any potential contribution to the incident.
At Couture Law, work with more than just one experienced Florida accident lawyer – if there is justice to be got, we will get it for you!
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