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Florida is a Pure Comparative Negligence State

The State of Florida operates under a pure comparative negligence standard. This means that whatever amount you were negligent, your recovery will be limited by that amount. For example, if you are suing another automobile driver and your actions are deemed to be 30% negligent, then your damages will be decreased by 30%. In other words, you will only be entitled to an award of 70% of your total monetary recovery. In this way, the doctrine of comparative negligence apportions negligence among the various parties or individuals involved in the accident.

Under state law, you can establish negligence if the following three conditions are met:

  1. The party that injured you had a duty not to injure you but did not meet that duty
  2.  The individual’s duty was related to your injury
  3. The individual’s failure to meet his or her duty is what caused your injury or damages