How Does Florida’s Negligence Law Work?

Personal injury cases will often revolve around the negligence of the party being blamed for the damage. In order to collect compensation, the plaintiff in a civil case must prove that the defendant is liable because of a failure to perform duties and responsibilities. This breach of duty should be directly tied to the specific injury. The court will have to determine if a reasonable person would have acted in the same way as the defendant or not. The specifics will often vary depending on the statutes in the state. So, how does Florida’s negligence law work?

Comparative Negligence

In some states, the plaintiff will have to show that his hands are clean and that the defendant is the only negligent party in order to collect any form of compensation. Florida, on the other hand, recognizes that fault is not always absolute. Sometimes an accident can happen because of the actions of two or more parties. However, one side will usually suffer more damage than the others. In such a case, the compensation will be awarded based on the comparative negligence of the parties. The one who is deemed to be more negligent will have to pay the other, with the amounts based on their contributing actions.

Damage Caps

For regular personal injury cases, there are no damage caps that would limit the amount that plaintiffs can collect. They can get as much as they are reasonably entitled, subject to their relative fault as determined by the court, based on their medical expenses, lost wages, and other related costs. For medical malpractice cases, there is also no cap for non-economic damages, like pain and suffering, although a suitable monetary amount can be difficult to determine. As for punitive damages resulting from serious unethical behavior, the cap is set at half a million dollars or three times the amount of compensatory damages.

Time Limits

There is no single time limit for negligence cases since they are varied and must be dealt with individually. Those who are interested in filing a lawsuit must be mindful of the deadlines and move quickly so as not to forfeit their right to receive compensation for injuries.

Equating Fault with Liability

The way that negligence law works in the state of Florida is an attempt to produce fair judgments. Fault is tied to liability so that a person’s penalties are always commensurate to his actions. In Florida, it is considered as fundamentally unfair to make a person who is only twenty percent at fault to pay for one hundred percent of the damages. It is also unfair to deny an injured person the right to be compensated if he had a one percent contribution to the incident when the other party is ninety-nine percent responsible. Negligence can take the form of a failure to maintain a fleet of commercial vehicles or a wrong diagnosis of a certain ailment. To learn more about this subject, contact a personal injury lawyer in Boca Raton.

What Happened in the Monsanto Whistleblower Case?

Whistleblowing is when a company’s employee informs the U.S. Securities and Exchange Commission (SEC) about wrongdoings at the company. The wrongdoing could be: laws being broken, fraudulent activity, safety violations, and more. One such whistleblower blew the whistle on the company of Monsanto.

What Happened?

The whistleblower was an executive at Monsanto who reported that some fraudulent accounting occurred regarding rebates. The rebates were offered to distributors and retailers for the Roundup weed-killing product, because a generic version of roundup had undercut the company’s profits.

The promotional rebates helped the product and Monsanto greatly, which Monsanto did put on the books, however, they didn’t record other related costs, which led to a misrepresentation of profits.

At this point the Monsanto whistleblower’s identity is unknown and his attorney, Stuart Meissner, continues to assist the whistleblower with this case.

Why is This Case Important?

All whistleblower cases are important. It’s necessary to expose companies that engage in fraudulent behavior and break the law. They must be exposed so that others don’t continue engaging in these types of practices, which really hurt everyone, including investors.

Why Do You Need to Blow the Whistle?

Blowing the whistle is important because employees are able to see wrongful behavior at a company far better than anyone on the outside ever could. The government would likely never know about laws being broken unless they receive a tip. That’s why the SEC created the whistleblower program back in 2011.

It’s helped uncover many wrongful acts that companies have engaged in. This is good for everyone and helps keep companies honest. The punishment for a company that is caught engaging in wrongdoing is hefty sanctions from the SEC.

Why Blow the Whistle? What’s in it for You?

So, why would anyone want to blow the whistle in the first place? There’s a lot of risk involved in doing so. You could lose your job, your employer could retaliate against you in other ways, and you will likely receive a lot of negative attention.

If you lose your job your life could be impacted financially, your family could be affected, and you might even have difficulty getting a job ever again. Most people don’t want to blow the whistle. They don’t want to deal with the life upset that this could cause. In other words, what’s in it for you?

There is one thing in it for you: you can receive a large reward for blowing the whistle. If your tip or information leads to sanctions against the company you’ve blown the whistle on, then you can receive a percentage of the sanction amount.

For instance, if the government hits the company with a $4 million dollar sanction, you could receive a percentage of the sanction amount, usually between 10 and 30 percent. In this Monsanto case, the whistleblower received $22 million.

In addition to the cash reward, you also get to feel good knowing that you did the right thing and uncovered wrongdoing.

Need Some Legal Help from a Whistleblower Lawyer?

It can be frightening to blow the whistle on your employer, especially when your livelihood depends on that job. It’s a difficult decision but if you truly believe it’s time to alert the government to wrongdoings at your company you should contact a lawyer.

An SEC whistleblower attorney can walk you through the process and will be by your side during the aftermath. Doing the right thing can be a lot easier if someone is there to help you decide what the right thing is, and is there to help you do it. You don’t have to go through this situation alone.