If you were partially at fault in a crash, you may still be able to recover compensation under Florida’s modified comparative negligence rule. Many people assume they can’t file a Florida personal injury claim if they share blame. That’s not always true. Under current Florida law, you can recover damages as long as you are not more than 50% responsible for the accident. However, your compensation will be reduced by your percentage of fault.
Key Takeaways
- Florida follows a modified comparative negligence rule.
- You can recover damages if you are 50% or less at fault.
- Your compensation is reduced by your percentage of fault.
- Insurance companies often try to shift blame.
- You have 2 years to file a Florida personal injury claim.
How Comparative Negligence Works
Let’s say you’re found 20% responsible for a crash and your total damages are $100,000. You could still recover $80,000. But if you are 51% at fault, you may recover nothing. That’s a huge difference.
Why Fault Is Often Disputed
Insurance adjusters frequently argue that injured drivers were speeding, distracted, or failed to brake in time. Even a small shift in fault percentage can dramatically reduce what they have to pay.
Proving Liability In Florida
Evidence such as crash reports, witness statements, traffic camera footage, and accident reconstruction experts can help establish fault. The stronger your documentation, the harder it is for insurers to unfairly assign blame.
Don’t Wait Too Long
Florida’s statute of limitations for a Florida personal injury claim is 2 years from the date of the accident. Waiting can mean losing valuable evidence and your legal rights.
Conclusion
Being partially at fault does not automatically prevent you from pursuing a Florida personal injury claim. What matters is how fault is calculated and proven. Understanding your rights under Florida law can make a significant difference in the outcome of your case.
Frequently Asked Questions
1. What if I was 50% at fault?
You may still recover damages, but they will be reduced by 50%.
2. What happens if I am more than 50% at fault?
You may be barred from recovering compensation.
3. How is fault determined?
Through evidence such as police reports, witness accounts, and expert analysis.
4. Can insurance companies exaggerate my fault?
Yes, which is why evidence and legal guidance are important.
5. How long do I have to file?
You have 2 years from the accident date.
This post was written by a professional at LeavenLaw. Attorney Kevin L. Sullivan II is your auto accident attorney Largo and an experienced personal attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.
Ms Aditi Sharma, Advocate, Delhi High Court, Jotwani Associates, Intellectual Property Rights. This article is written by Aditi Sharma, an experienced lawyer with a proven history of working in the Legal Industry. Key areas of expertise: Legal drafting, Divorce Law, Corporate Law, Family Law, Criminal Law, Property Law, Patent Law, Civil Law, etc.