If you’ve recently been in an accident that you were partly responsible for, you might assume that you won’t be able to recover any compensation. That is a common misconception. Florida law still allows victims to claim compensation even if they share some of the blame. However, the amount they get depends on exactly how much fault is assigned to them.
Below, this negligence attorney in Zephyrhills, Florida is going to explain some of the key things you should know about the state’s negligence laws, and we’ll also explain whether you can still get compensated if you were partly responsible for the accident.
Your percentage of fault changes your settlement in Florida.
On March 24, 2023, Florida updated its negligence laws by passing House Bill 837 and moved from a pure comparative negligence system to a modified comparative negligence standard. Under this new standard, you cannot receive any money for your injuries or losses if you are found to be more than 50% responsible for an accident (except in medical negligence cases).
For example, if the court decides that you are 20% at fault in a car accident, your compensation gets reduced by 20%. So, if your total damages were $100,000, you will receive $80,000 after the reduction. On the other hand, if you are more than 50% responsible, you will walk away with nothing.
Determining fault can be complicated, which is why it’s recommended that you speak with an experienced negligence attorney in Zephyrhills, Florida as soon as possible.
Liability in multi-party accidents.
Many accidents involve more than just two people, but determining fault in these accidents can be even harder. According to Section 768.81 of the Florida Statutes, each person involved in the accident only pays for their share of the damages.
For example, in a three-car crash, if Driver A is found 60% responsible, Driver B holds 30% responsibility, and you are determined to be 10% at fault, you can still recover compensation. However, your total compensation will be reduced by your 10% share of the fault.
So, if you were entitled to $100,000, you would then receive $90,000 after the reduction. If you are more than 50% at fault, you get nothing. Because these calculations can get complicated, it is always best to consult with an experienced negligence attorney in Zephyrhills, Florida who can help you fight for the best outcome.
Insurance companies will try to lower settlements using fault.
Insurance companies love comparative negligence laws because the more fault they can pin on you, the less money they’ll have to pay.
They may investigate the accident and try to inflate your percentage of fault as much as possible. And if they can prove that you were even partially responsible, they will offer you a much lower settlement than you deserve. If they push your fault over 50%, they can even deny your claim entirely.
This is why you must not admit fault at the scene of the accident or when speaking with insurance representatives. Anything you say can be used against you to reduce or even deny your claim.
Instead, it’s best to let an experienced negligence attorney in Zephyrhills, Florida handle all communication with the insurance company. They will protect your rights and prevent you from being unfairly blamed.
Strong evidence can lower your fault percentage.
If you want to maximize your compensation, you need strong evidence that proves the other party was more responsible than you were. Evidence like police reports, witness statements, medical records, and expert testimony can be very helpful here.
In Florida, proving negligence requires proving four things, including duty of care, breach of duty, causation, and damages. In other words, you must prove that the other party had a responsibility to act safely, failed to meet that responsibility, caused the accident and that you suffered losses because of it. The stronger your evidence, the better your chances of lowering your fault percentage.
Florida’s modified comparative negligence law bars recovery if you are more than 50% at fault. So, the goal is to keep your fault percentage as low as possible, and an experienced negligence attorney can help you do that.
Looking for a Negligence Attorney in Zephyrhills, Florida?
Are you looking for an experienced negligence attorney in Zephyrhills, Florida who can help you fight for the compensation you deserve? If so, Tonya Stewart and her legal team at Tonya Stewart Law PA are just a call away. Contact us today at (863) 279-4473 to learn how we can help.