Understanding Negligence Laws in Florida & Georgia
In personal injury cases, the negligence of a party is crucial. While Florida and Georgia share some similarities in their negligence laws, there are key differences that can be significant in regards to your case. If you’ve been injured in an accident due to the negligence of another, call Barnes Cohen & Sullivan for a free consultation.
The Basics of Negligence
According to the Legal Information Institute (LII), negligence is defined as the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person’s actions or omissions of actions can be found negligent.
The following four elements may typically be required to prove negligence:
- Duty of Care: The defendant owed a legal duty to the plaintiff
- Beach of Duty: The defendant breached that duty through their actions or inactions
- Causation: The breach directly caused the plaintiff’s injury
- Damages: The plaintiff suffered actual harm or damages as a result
Comparative Negligence in Florida
Comparative Negligence in Florida The state of Florida operates under a system of pure comparative negligence. This means that the plaintiff can recover damages even if they are 99% at fault for their own injury. This system aims to ensure that plaintiffs can still obtain compensation proportionate to the defendant’s degree of fault.
Comparative Negligence in Georgia
Georgia, follows a modified comparative negligence rule. Under this system, a plaintiff can only recover damages if they are less than 50% at fault for the incident.
Statutes of Limitations
Both Florida and Georgia have statutes of limitations that set the timeframe within which a plaintiff must file a negligence claim. Under House Bill 837 the statute of limitations in Florida for personal injury claims is generally two years from the date of the incident. However, the plaintiff must seek medical attention within fourteen (14) days of the incident in order to seek compensation. Florida also follows the rule of joint and several liability. The state follows a modified approach to joint and several liability.
In Georgia, the statute of limitations for personal injury claims is two years from the date of the injury.
In both states, if you are injured due to the negligence of others, it is important to seek medical attention to avoid delayed-onset injuries. Such injuries can include concussions, whiplash and soft tissue injuries. In order to protect your legal rights, it is important to seek medical attention to avoid the risk of claiming compensation.
If you have been involved in a car accident in Florida or Georgia, it can be overwhelming and stressful to navigate the legal and medical process alone. Barnes Cohen & Sullivan is here to help. Our dedicated, experienced team of personal injury attorneys has years of experience in handling personal injury cases and can provide you with the guidance and support you need to obtain the compensation you deserve. Call us for a FREE CONSULTATION if you are injured in Florida or Georgia.