What if I was partially at fault for the accident?
If you are involved in an auto accident in Florida, and you believe you share partial fault, learning about the legal implications of comparative negligence can help you determine how to proceed with your claim. Comparative negligence is the legal principle that recognizes multiple parties may contribute to an accident, and it allows for assigning a percentage of fault to each party involved. This approach aims to determine the proportion of responsibility and adjust the compensation accordingly.
What is Pure Comparative Negligence?
If you find yourself partially at fault for a car accident, it doesn’t necessarily bar you from seeking compensation. Florida follows a pure comparative negligence system, which means that even if you were partially responsible for the accident, you can still pursue a claim. However, the compensation you receive will be reduced by your percentage of fault. For example, if you were found 20% at fault and your total damages were $10,000, your recovery would be reduced to $8,000.
How Can a Lawyer Help Me With My Insurance Claim?
When you’ve been involved in an auto accident where you share some degree of fault, seeking the legal advice and support of an experienced car accident lawyer can be invaluable.
A car accident attorney can help guide you throughout the process by:
Clearly Explaining Comparative Negligence Laws
In Florida, the legal principle of comparative negligence applies. This means that even if you were partially at fault, you may still be entitled to compensation, although the compensation will be reduced based on your percentage of fault. Additionally, you will be able to recover compensation for your accident-related losses, unless you are 51% or more at fault.
A car accident lawyer will explain how this concept applies to your case and how it may affect your potential recovery.
Accurately Assessing Fault
Determining the exact degree of fault requires a thorough investigation. An attorney will work with accident reconstruction experts, review evidence, and interview witnesses to accurately assess the proportion of responsibility for the accident.
Helping You Pursue Compensation
Even if you were partially at fault, you may still be eligible for compensation for your injuries and losses. An attorney will calculate your damages, including past and future medical expenses, property damage, lost wages, pain and suffering, and other losses.
Negotiating with Insurance Companies
Insurance adjusters often try to shift blame to minimize their payout. Your attorney will know how to counter these tactics. They’ll negotiate with the insurance company to present a strong case for fair compensation, considering both your injuries and your shared fault.
Building a Strong Case
Your car accident lawyer will gather evidence, including accident reports, medical records, vehicle repair estimates, witness statements, and more, to build a strong case that demonstrates the extent of the other party’s negligence.
Advising on Legal Strategy
Based on the facts of your case, your attorney will advise you on the best legal strategy. This may involve negotiating a settlement, pursuing mediation, or even litigating in court. Their goal is to ensure your rights are protected and that you receive fair compensation.
Handling All Legal Complexities
The legal process can be overwhelming, especially when you’re dealing with partial fault. Your lawyer will handle all legal aspects, ensuring that deadlines are met, documents are filed correctly, and negotiations are conducted professionally.
When Should I Contact An Attorney?
If you were partially at fault for a motor vehicle collision, you should contact a car accident attorney as soon as possible. At Friedland & Associates, our legal team has the experience and knowledge to navigate complex cases involving shared fault. We offer free consultations to discuss your case, evaluate your options, and guide you through the legal process. Our goal is to protect your rights, ensure your interests are represented, and help you obtain the compensation you deserve. Contact us today to schedule your consultation and take the first step towards seeking justice.
Contact Us Today
The car accident lawyers at Friedland & Associates offer free consultations to discuss your case, assess the circumstances, and provide you with clear insights into your legal options. If you’ve been involved in an automobile accident and share partial fault, don’t hesitate to contact us today to protect your rights and pursue the compensation you deserve.