Being involved in an accident can be overwhelming, especially if you believe you may be partially responsible. Many injured victims assume that if they share some fault, they are not entitled to compensation. However, this is not always the case. Florida follows a comparative negligence system that allows accident victims to recover damages even when they are partially at fault for the crash.

At Hurt123, Attorney Big Al and his team of injury lawyers in Boca Raton are here to help you understand your rights and fight for the compensation you deserve. Below, our injury lawyer in Boca Raton team explains how comparative negligence works and how it can impact your personal injury claim.

Understanding Florida’s Comparative Negligence Law

Florida follows a modified comparative negligence system under Florida Statutes Section 768.81. Since House Bill 837 took effect in March 2023, this statute has governed how shared fault is calculated in most negligence-based injury claims. This means that:

  • You can recover damages even if you are partially at fault for an accident.
  • However, your compensation will be reduced based on your percentage of fault.
  • If you are found more than 50% at fault, you are barred from recovering damages from the other party.

For example, if you are found to be 30% responsible for an accident and your total damages are $100,000, your compensation would be reduced by 30%, leaving you with $70,000. Note that this 50% bar generally does not apply to medical malpractice claims, which may still follow different fault rules.

How Comparative Negligence Impacts Your Injury Claim

If you are partially at fault, insurance companies and defense attorneys will likely use this against you to try to reduce your settlement. Here’s how comparative negligence may impact your case:

1. Lower Compensation Amount

Your final settlement will be adjusted based on your level of fault. The more blame assigned to you, the less compensation you receive, which is why a precise fault analysis matters from the start of your case.

2. Increased Challenges from Insurance Companies

Insurance adjusters will try to maximize your fault percentage to minimize their payout. They may argue that:

  • You were distracted or negligent.
  • You violated traffic laws.
  • You failed to seek immediate medical treatment, worsening your injuries.

This is why having an experienced injury lawyer in Boca Raton on your side is crucial, especially when a few percentage points of fault can significantly affect your recovery.

3. Stronger Need for Evidence

To maximize your compensation, your attorney will need to present strong evidence, including:

  • Accident reports
  • Witness statements
  • Surveillance footage
  • Medical records

By gathering solid evidence early, your lawyer can counter the insurance company’s attempts to shift blame onto you and build a clearer picture of what actually happened.

Steps to Take If You Are Partially at Fault

If you believe you may share some responsibility for an accident, follow these steps to help protect your rights:

1. Do Not Admit Fault

Even if you think you contributed to the accident, avoid making any statements accepting blame at the scene or to insurance representatives. Let an attorney assess the situation first.

2. Seek Medical Attention Immediately

Getting medical treatment right away ensures your injuries are properly documented, preventing the defense from arguing that your injuries are unrelated to the accident or exaggerated.

3. Collect Evidence

Take photos of the accident scene, get witness contact information, and keep records of medical expenses and lost wages. These details can become critical if fault is disputed later in your claim.

4. Consult with an Injury Lawyer

An experienced injury lawyer in Boca Raton can evaluate your case, challenge unfair fault assessments, and negotiate with insurance companies in pursuit of a fair settlement.

How an Injury Lawyer Can Help

At Hurt123, Attorney Big Al and his team understand how comparative negligence can impact your claim. Here’s how we can help:

1. Investigate Your Case

We conduct a thorough investigation to gather evidence aimed at establishing the other party’s negligence and limiting your assigned percentage of fault.

2. Negotiate with Insurance Companies

We push back when insurance companies try to unfairly assign blame and work to pursue the strongest possible settlement for you.

3. Take Your Case to Court if Necessary

If a fair settlement isn’t offered, we are prepared to take your case to trial to fight for your rights.

Get the Legal Help You Need Today

If you’ve been injured in an accident and are concerned about being partially at fault, don’t assume you are out of options. Hurt123 and Attorney Big Al are ready to help you understand your rights and pursue the compensation you may be owed.

Contact Hurt123 Today

If you or a loved one has been injured in Boca Raton, don’t wait to seek legal advice. Visit Hurt123.com to schedule a free consultation today.

Understanding comparative negligence is key to protecting your rights—let our team of injury lawyers in Boca Raton fight for the compensation you deserve!