What Are The Two Types Of Negligence And How Are They Different?
Hey everybody, this is Andy Rosenberg from The Law Offices of Andrew G. Rosenberg PA again. I’m here to help you with all your personal injury matters. Today’s topic is going to be negligence and there’s two types of negligence, there’s contributory negligence and then there’s comparative negligence.
Contributory negligence is only I believe working in four states at this point in time and what that is is basically, let’s imagine you’re in a car accident. You’re five percent of fault, ten, twenty, it doesn’t really matter. If you’re at one percent at fault in a contributory negligence state you’re not allowed to recover anything. Zero. Nada. Nothing. So we’re not, in that we’re in the state of Florida. In the state of Florida we are what’s called a comparative negligence state, which means that if you’re in an accident you have 20 percent of responsibility, meaning that your fault at 20 you’re still going to get money for the results but you’re going to get 20 less than what it would have been if you were not if it were 100 at fault on the other side. So, imagine we have a settlement and they would have offered $75,000, $80,000, they’re going to cut it by 20 and use that against you in the settlement negotiations.
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Appreciate your time. Thanks and have a good afternoon.
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