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 comparative negligence laws, which allow accident victims to recover damages even if they are partially at fault.
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, we explain 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. 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 more than 50% at fault, you cannot recover 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.
How Comparative Negligence Impacts Your Injury Claim
If you are partially at fault, the insurance companies and defense attorneys will likely use this against you 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.
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.
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, your lawyer can counter the insurance company’s attempts to shift blame onto you.
Steps to Take If You Are Partially at Fault
If you believe you may share some responsibility for an accident, follow these steps to protect your rights:
1. Do Not Admit Fault
Even if you think you contributed to the accident, avoid making any statements accepting blame. 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.
3. Collect Evidence
Take photos of the accident scene, get witness contact information, and keep records of medical expenses and lost wages.
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 to secure 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 proving the other party’s negligence and reducing your percentage of fault.
2. Negotiate with Insurance Companies
We challenge insurance companies when they try to unfairly assign blame and work to secure the highest 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 deserve.
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 fight for the compensation you deserve!
