How is Fault Decided in Florida and How Does the Comparative Fault Affect My Personal Injury Case?

After a car accident in Florida, negligence is determined when insurance companies investigate each party’s degree of fault, or in a court of law if the claim goes to trial. Under Florida’s law of comparative negligence, the victim’s compensation will be reduced by their own percentage of fault. In essence, Florida law reduces the total amount of damages you are awarded in a personal injury case based on how much you contributed to your own injuries.

This is different from Florida’s No-Fault or Personal Injury Protection.

Here is How it Works

For example, if you were injured in a car accident when another vehicle failed to stop at a stop sign, but you were speeding at the time of the crash, then it may be determined that you were partially at fault for the accident. Let’s say you were 25% at fault. In this case, your compensation would be reduced by a total of 25%. If a jury awards you $100,000, you would actually receive a $75,000 award.

Getting your Case Settled

To better understand Florida’s comparative negligence law, you can get the advice of an experienced personal injury attorney. With the guidance of an attorney, you may claim damages for your medical expenses, pain and suffering and lost wages, as well as other losses.

Recovering from your injuries after a Florida accident should be your main priority, not dealing with insurance adjusters and complicated legal paperwork. Before accepting a lowball settlement offer from an adjuster who just wants your case to go away, order a complimentary copy of our consumer guide, Five Mistakes That Can Wreck Your Florida Accident Case and contact us to set up a no-cost consultation at 727-446-0840.