Can I Recover from Personal Injuries Even if I Am Partially at Fault?

Suffering personal injuries in an accident can be a life-altering event, and determining who is at fault plays a significant role in the recovery process. One common question is whether you can recover damages if you are partially at fault for the accident. The answer is yes, you can, thanks to Florida’s comparative negligence laws. Understanding these laws and how they apply to your case is crucial for ensuring you receive fair compensation.

Comparative Negligence in Florida

Florida follows the rule of “pure comparative negligence,” which allows injured parties to recover damages even if they are partially at fault for the accident. This means that your compensation will be reduced by your percentage of fault, but you are still entitled to recover a portion of the damages. Here’s how it works:

• Percentage of Fault: The court or insurance adjuster will determine the percentage of fault attributable to each party involved in the accident.
• Reduction in Damages: Your total compensation will be reduced by your percentage of fault. For example, if you are found to be 25% at fault and the total damages amount to $100,000, you would recover $75,000.

Calculating Your Compensation

To illustrate, let’s consider a few scenarios:

• Minor Fault: If you are 10% at fault and the damages are $50,000, you would recover $45,000 (90% of the total damages).
• Equal Fault: If you and the other party are each 50% at fault and the damages are $100,000, you would recover $50,000.
• Major Fault: Even if you are 75% at fault and the damages are $80,000, you can still recover $20,000.

Steps to Take if You Are Partially at Fault

Being partially at fault doesn’t disqualify you from seeking compensation. Here are the steps you should take:

1. Gather Evidence

Collect as much evidence as possible from the accident scene. This includes photographs, witness statements, police reports, and any other relevant documentation. Evidence is crucial in determining the fault and supporting your claim.

2. Seek Medical Attention

Immediate medical attention is essential not only for your health but also for documenting your injuries. Medical records will play a significant role in substantiating your claim and the extent of your damages.

3. Consult with a Personal Injury Lawyer

Navigating the complexities of a personal injury claim, especially when comparative negligence is involved, requires professional legal assistance. An experienced personal injury lawyer at Alvarez Gower Injury Law can help you understand your legal options, gather necessary evidence, and negotiate with insurance companies.

The Role of a Personal Injury Lawyer

An experienced personal injury lawyer can provide invaluable assistance in the following ways:

1. Determining Fault

Fault in an accident is often a complex issue. A lawyer can help investigate the circumstances of the accident, gather evidence, and work with experts to establish the percentage of fault for each party involved.

2. Calculating Damages

Accurately calculating your damages involves more than just medical bills. A lawyer can help assess all aspects of your losses, including lost wages, property damage, pain and suffering, and future medical expenses.

3. Negotiating with Insurance Companies

Insurance companies often try to minimize payouts. An experienced lawyer can negotiate on your behalf to ensure you receive fair compensation, even if you are partially at fault.

4. Representing You in Court

If a fair settlement cannot be reached, your lawyer can represent you in court. They will present your case effectively, aiming to maximize your compensation based on the evidence and applicable laws.

Conclusion

Recovering from personal injuries when you are partially at fault is possible under Florida’s comparative negligence laws. Your compensation will be reduced by your percentage of fault, but you can still recover a portion of the damages. Given the complexity of determining fault and calculating damages, consulting with an experienced personal injury lawyer at Alvarez Gower Injury Law is crucial. They can guide you through the legal process, help you understand your options, and advocate for the compensation you deserve.