How does comparative negligence affect my school bus accident claim?
In Florida, comparative negligence is a legal concept that is used by courts to determine degrees of fault and liability in personal injury cases. Comparative negligence means that responsibility and liability will be distributed proportionally amongst the parties involved in an accident. For school bus accident claims, comparative negligence works in two ways. The first is that any negligence by the bus driver or passengers can reduce the amount of compensation that a claimant can recover from the bus company or other responsible parties. For example, if a claimant was standing up or not wearing seat belts at the time of the accident, they may be partially liable for their injuries and any settlement amount would be reduced due to their negligence. The second way that comparative negligence affects school bus accident claims is that of non-economic damages. Non-economic damages are damages that are not compensable with a financial award, such as pain and suffering, emotional distress, and loss of enjoyment of life. In Florida, any contribution to the accident by the claimant can reduce the amount of non-economic damages they can recover, as courts aim to prevent claimants from recovering damages they may have been partly responsible for. Overall, comparative negligence is an important concept to be aware of when filing a school bus accident claim in Florida. While comparative negligence may reduce the amount of compensation available to claimants, it is important to remember that it is ultimately up to the court to determine fault and liability.
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