In Florida, there are comparative fault laws as part of our negligence laws. Thus, a jury is to apportion fault based on the facts of the case. In other words, a jury is to consider the evidence and, if applicable, find the appropriate percentage of fault of the parties and non-parties to the lawsuit. This is generally done in a percentage basis with the total of apportioned percentage being 100 percent, of course. Thus, if the jury is considering the fault of a driver of car 1 who is suing the driver of car 2. It would have several choices: first, it could find not fault on the part of car 2, which would result in no monetary award from driver 1. It could find only fault on the part of car two, in which car 1 driver would be entitled to a judgment for 100 percent or all of their damages. It could find fault on both drivers and apportion fault by percentage. If they found 50 percent fault on both drivers, then the driver of car 1 would be entitled to 50 percent of their damages (damages generally equals medical bills, pain and suffering, lost wages, etc.). If the jury found 90 percent fault on driver 1 (the plaintiff who is suing driver 2) and 10 percent fault on driver 2, then driver 1 would only be entitled to 10 percent of their damages. Thus, the jury generally apportions fault and then the damages are assessed against each defendant by the percentage of fault that the party bears.
It is important to note that each and every case is different and unique and should be judged on its specific facts. The discussion in this blog is intended to be general in nature and should not to be construed as specific for your case, as any difference in the facts of the case could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or even another country could vary. Please feel free to call with your questions, as I offer a free consultation.
If you have been in an accident where you believe the other car or the place where you were injured is at fault, please call Drucker Law Offices for a free consultation at 561-483-9199 (Boca Raton Main office) or 561-967-3840 (Lake Worth satellite office) or 954-755-2120 (Coral Springs satellite office) or 305-981-1561 (Miami satellite office). Lawyer fees and costs are only charged if recovery is made. The initial consultation is free!
