Do I Still Have a Case for My Injuries if I Am Partially at Fault for Causing My Accident? Understanding Comparative Negligence

If you’ve been injured in an accident but believe you might share some fault for what happened, you might wonder if you still have a case. The good news is that in Florida, you may still be entitled to compensation even if you’re partially at fault. Understanding comparative negligence is key to determining how your level of responsibility affects your case.

What is Comparative Negligence?

In Florida, the legal principle of comparative negligence comes into play when multiple parties share fault for an accident or injury. This means that even if you were partially responsible for the accident, you might still be eligible to recover damages.

The Jury’s Role in Assessing Responsibility

During a personal injury case, the jury determines the degree of fault for each party involved. They will assess the evidence and arguments presented by both sides to decide what percentage of fault each party bears.

For instance, if you were injured in a car accident but it’s determined that you were 20% responsible due to a minor traffic violation, while the other party was 80% responsible for running a red light, you may still be eligible to recover damages. However, your compensation will likely be reduced by your percentage of fault.

Effect on Damages

In Florida, the damages you can recover in a personal injury case are impacted by your level of fault. If you are found partially responsible for the accident, the total amount of damages awarded will be reduced by your percentage of fault. For example, if the total compensation for your injuries is determined to be $100,000, but you were found 20% at fault, your final award would be reduced by 20% ($20,000), resulting in a $80,000 recovery.

Key Points to Remember

  • Comparative negligence allows for recovery even if you share fault.
  • Your level of fault impacts the amount of compensation you can receive.
  • Seeking legal advice is crucial to navigate the complexities of comparative negligence.

Final Thoughts

If you’ve been injured in an accident and believe you share some fault, don’t assume you can’t seek compensation. Understanding comparative negligence is essential. Consulting with attorney Curtis Davis at Davis Trial Law is crucial to navigate the legal complexities and maximize your chances of receiving fair compensation.

Every case is unique, and legal outcomes can vary. Seeking professional legal guidance tailored to your specific situation is the best way to protect your rights and pursue the compensation you deserve.

Remember, if you’ve been hurt, call Curt. 561-906-3638