Choosing the Right Lawyer is No ACCIDENT- A Personal Injury Guide - By Jeff Adelman (2025 Edition)
If you are reading this, you likely have been injured as a result of a car accident or slipping or tripping on someone’s premises as a result of negligence. In the pages that follow, I will provide insight as to what you should expect from a lawyer (attorney) fighting on your behalf for personal injuries. This book is intended as a general guide if you are unfortunate to have had this happen to you. It has been with the least amount of “legalese” as possible, so you do not have to be a lawyer to understand it.
If you are reading this, you likely have been injured as a result of a car accident or slipping or tripping on someone’s premises as a result of negligence. In the pages that follow, I will provide insight as to what you should expect from a lawyer (attorney) fighting on your behalf for personal injuries. This book is intended as a general guide if you are unfortunate to have had this happen to you. It has been with the least amount of “legalese” as possible, so you do not have to be a lawyer to understand it.
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Choosing the Right Lawyer is No Accident
COMPARATIVE NEGLIGENCE
In March 2023, the law of Comparative Negligence changed
significantly due to the comprehensive tort reform bill known as Florida
House Bill 837. Florida used to be a pure Comparative Negligence state.
What this means is that a jury determines percentages of fault for a
particular accident. If it was a three-car accident, and vehicles 1 and 2
were at fault, a jury decides how much each vehicle is responsible for
the harm to vehicle 3. In a two-car accident, the plaintiff themselves can
be found responsible for a percentage of fault.
Prior to the law changing, whatever percentage of fault the plaintiff had
for their accident was deducted from their verdict. Now, if the plaintiff
is found to be more than 50% responsible for a car crash or for a slip or
trip and fall accident, they get ZERO.
For example: Cody and John are involved in an accident at an
intersection. Both of them claim that the other ran a red light. Cody is
bringing a claim for personal injuries against John. A jury can determine
that John is 98% at fault, 50% at fault, 45% at fault or any other
percentage. Determination of liability does not have to be absolute.
However, if John is 45% and fault and Cody is 55% at fault, John wins
and Cody gets nothing.
So, if a jury awards $100,000 in damages to Cody, and Cody is found to
be 2% at fault, his net jury verdict award is $98,000. If he were 50% at
fault, the net verdict would be $50,000. But if Cody were to be found
55% at fault, he loses.
Comparative negligence is the law of the land in Florida, and in very
serious injury claims, even if the plaintiff owns some of the fault for the
accident, the damages can still greatly exceed the policy limits of the
other party, and the insurance company must then pay the full amount of
their policy limits.
Jeff Adelman, B.C.S., Esq. 21
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