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COMPARATIVE NEGLIGENCE UNDER FLORIDA


Immediately following an auto, truck, or motorcycle accident, the parties will begin the process of apportioning fault. This process is important, as it will ultimately determine the value of your personal injury claim. Under Florida law, anyone who is involved in an accident can recover damages for their injuries if they can establish that another party is at fault. Many times both parties share some responsibility for the accident. An example might be a case where two cars (Driver 1 and Driver 2) are backing out of opposite parking spots in a shopping center and back into each other. While it might appear that neither party should be held responsible for the accident this is not necessarily true. Let’s assume the Driver 1 was injured and Drive 2 was uninjured. Under Florida law, the Driver 1 …


Florida Operates Under A Pure Comparative Negligence Standard - Continued

 /s/ Gerta S. Toska
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