If you’ve been injured in an accident in Florida, you need to understand how comparative fault operates. Florida operates under a pure comparative fault system, taking into account the amount of compensation you are fully entitled to in a personal injury case.
What Is Comparative Fault?
Comparative fault, sometimes referred to as comparative negligence, is the legal principle for determining what percentage of responsibility each party bears in causing an accident. In Florida, an injured party may recover damages to some degree, even if the injured party was himself partly at fault. However, the amount of recovery is reduced by a percentage attributed to the injured party’s own fault.
How Does It Work In Plain Language?
For example, if you are in a car accident and you are determined to be 20% at fault, 20% will be deducted from your total said award. So your award of damages in that example would be $50,000, so you would receive $40,000 after the deduction of your share of fault. This system is to ensure the fairness of accounting for all parties concerned.
Importance of Evidence
Weighing an individual’s fault to an approximate degree requires careful documentation and evidence. Evidence strengthening the determination of who was at fault and to what extent may include police reports, witness statements, photographs, and even expert testimony. Accurate evidence can greatly affect the outcome of a personal injury case under the laws of comparative fault in Florida.
Importance of Settlement Negotiations
Comparative fault influences the balance of power between parties during insurance negotiations. The percentage of fault assigned to the plaintiff is a common sore point with insurance companies trying to leverage settlements by creating a lot of noise before any real offer is put on the table for negotiations. Leveling the playing field starts with understanding your rights under the law and how comparative fault affects your engagements in these conversations.
Working With a Personal Injury Attorney
Comparative fault may sometimes be murky. A skilled Florida personal injury attorney can do their work in looking at the situation, gathering needed evidence, and fighting for you. They will make sure you are not unfairly low-balled on your compensation based on the percentage of fault attributed to you.
This post was written by Kelly-Ann Jenkins of https://www.jenkinslawpl.com/. Kelly-Ann is an insurance claim Lawyer. The information on this site is not intended to and does not offer legal advice, legal recommendations, or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your situation.
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