In personal injury and wrongful death cases, you can still seek financial compensation even if you or your loved one was partially at fault for the incident. Partial fault occurs when injuries result from negligence on the part of another party, but not solely. It’s important to understand that being partially responsible for your injuries does not necessarily eliminate your eligibility for compensation. Whether you were involved in a construction accident, slip and fall incident, or any other injury-causing event, you may have the right to seek financial compensation, even if partial fault is involved.
In Florida, for example, a comparative fault system is followed, similar to many other states. If you are determined to be 51% or more at fault, you may be barred from recovering funds. However, if your degree of fault is less than 51%, your compensation will be reduced proportionately. For instance, if your total damages amount to $1 million and you are found to be 25% at fault, your recovery will be limited to $750,000.
Resolving disputes related to comparative fault can be complex. In court cases, the jury determines the degrees of negligence for both parties involved. Insurance companies often attempt to shift as much blame as possible onto the victim in order to minimize their own liability. It’s crucial to be well-prepared and not let insurance companies intimidate you. Establishing proper evidence and seeking appropriate legal representation are essential steps after sustaining a personal injury, as percentages of fault can be challenging to determine.
The complexities of Florida’s personal injury laws necessitate understanding your rights and the parameters within which you can file a lawsuit. The gravity of the situation might require professional help. Therefore, it’s crucial to consult with an experienced personal injury attorney who can guide you through the process and help ensure your rights are protected.
Call us today if you have any questions. We are available 24/7, so you can contact us at (352) 373-7566.
