South FL Personal Injury Attorney on the Effect of Modified Negligence on Cases

SUNRISE, Florida – The Law Offices of David M. Benenfeld, P.A. has been navigating the complexities of Florida’s newly enacted modified comparative negligence standard, which has made a big impact on the way personal injury attorneys represent their clients. This rule, effective in 2023, prevents injury victims from recovering compensation if they are found to be more than 50% at fault, presenting new challenges when seeking compensation.

Attorney David M. Benenfeld, an advocate for personal injury victims for many years, notes that this 51% standard has affected strategy when pursuing personal injury cases. “The new negligence standard has shifted how we argue cases in court,” Benenfeld noted. “Defense teams are focused on assigning higher degrees of fault to injury victims, which means we have to develop a more rigorous defense strategy to protect our clients’ rights to recovery.”

To illustrate the changes, Benenfeld shares a few recent case examples. In one instance, a client involved in a multi-vehicle collision faced allegations of significant contributory negligence. By carefully reconstructing the accident scene and using expert testimony, Benenfeld’s team reduced the client’s fault percentage below the critical 51% threshold, to reach a favorable settlement.

In another case involving a slip and fall accident, the defense argued that the injured individual’s alleged distraction contributed largely to the incident. Benenfeld successfully countered by demonstrating inadequate safety measures on the premises, highlighting the defendant’s greater responsibility.

“Under this new standard, injured victims must have a legal team that can effectively counteract defenses that try to shift blame,” Benenfeld emphasized. “At the Law Offices of David M. Benenfeld, we are committed to adapting our strategies to help our clients receive the compensation they need.”

The Law Offices of David M. Benenfeld, P.A. remains at the forefront of personal injury law, using their years of experience and innovative legal strategies to navigate these challenges. Victims of negligence in South Florida can still pursue justice despite the modified comparative negligence rule, which has strengthened the law firm’s ongoing commitment to client advocacy.

For more information or to schedule a consultation, please visit https://injurylawservice.com/.

At the Law Offices of David M. Benenfeld, P.A., If You’ve Been Hurt – We Can Help!

About the Law Offices of David M. Benenfeld, P.A.

Have you been injured due to the negligence of another person? They are legally responsible for the injuries they inflicted on you, and you are legally entitled to recover monetary compensation from them for your medical expenses, lost wages for work you missed, pain and suffering, and other legal damages. The law is on your side, but negligent individuals, businesses and their insurance companies don’t make it easy on you. They’ll say the accident wasn’t their fault, you weren’t really hurt very badly, or it was actually your own negligence that is to blame. It’s up to you to prove all of the facts of your case and to know how the law applies to the specific facts of your case. That’s where an experienced personal injury attorney can be invaluable.

At The Law Offices of David Benenfeld, P.A. our Fort Lauderdale personal injury and workers’ compensation lawyers have years of experience helping people like you get the medical care and financial compensation they need after becoming victims of workplace injury or other’s negligence in a car, truck or motorcycle accident, slip and fall, or other personal injury. You can count on us to deliver outstanding representation in your case and fight to get the best results for you and your family.