A beach vacation turned horrifying recently when two teenagers from Indiana were severely injured in a parasailing accident in Panama City Beach. The girls, both 17 years old, were left in critical condition after their parasail rope broke, crashing them into a building and through power lines before they landed on cars in a parking lot. One girl needed facial surgery. A preliminary investigation by the U.S. Coast Guard found that the boat’s proximity to the shore and severe weather were substantial factors in the accident.
In any type of personal injury case, negligence must be proven to be awarded damages for financial and emotional losses. Each state follows a basic negligence law that determines liability limits when negligence results in personal injury and lays out what and how much an injured person can collect based on their percentage of fault. Before filing a personal injury claim, it is important to understand the negligence law in your state.
What is pure comparative negligence?
Auto, motorcycle, truck and boat accidents often involve more than one party who is at fault. Florida personal injury law follows a pure comparative negligence standard, allowing anyone who is injured due to someone else’s negligence to file a personal injury claim. This means you can collect damages even if you are mostly at fault. However, the amount you receive is reduced by your percentage of fault. For example, if you were found to be only 20 percent at fault, you can still receive 80 percent of your awarded damages. On the other hand, if you were 99 percent at fault, you can only receive 1 percent of your damages.
How is fault determined in a personal injury case?
When you file a personal injury claim, you and all other parties involved examine the evidence and negotiate a settlement with insurance adjusters based on the circumstances of the accident. If the parties cannot agree on a settlement, a personal injury lawsuit can be brought in front of a Florida jury. The jury looks at the evidence and determines each party’s role in the accident.