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I Was Partially at Fault for My Injury. Can I Still Sue?

I Was Partially at Fault for My Injury. Can I Still Sue?

Getting into an accident is difficult and frustrating, both mentally and physically. If you were partially at fault, you might think you need to pay all your bills on your own or that you have no options for compensation. You might still be eligible for a settlement, even though the other person wasn’t completely at fault. 

Comparative Negligence 

Florida uses the pure comparative negligence system. This means the courts in Florida can attribute a portion of the blame for a car accident to more than one party. So, if you are partially responsible for the accident, you can still seek damages from the other party. 

The compensation will be in direct relation to the proportion of your blame, though. So if you are found 70% to blame for the accident, you will only be able to cover 30% of the damages you’re awarded in your settlement.

How is Fault Determined? 

If the accident did not have serious or life-threatening injuries, it falls under the no-fault insurance laws of Florida rather than the comparative negligence laws. If you need to prove fault for a serious injury case in the state of Florida, you need to gather as much evidence as possible. This includes the police report, eyewitness testimony, CCTV, and any videos or photos collected at the time of the accident.

In many cases, like a multiple car pile-up, a lawyer’s expertise is required to determine fault. They can also help to protect yourself from unnecessary blame.

From helping you collect evidence, quantify the value of your losses, negotiate a settlement with insurance companies, to representing your interests in a courtroom, having a lawyer in your corner during a car accident claim is invaluable.

If the court decides that both parties are to blame, they will reduce the compensation accordingly.

No-Fault Rules in Florida 

If the accident did not result in serious injuries, then the comparative negligence laws do not apply, as mentioned above. However, you can still seek compensation and settlement for injuries and other issues in no-fault states. 

Your insurance should cover your injuries and other expenses up to your policy limit. You will probably also have a deductible you will need to pay before receiving any benefits.

Get Ahold of a Lawyer Today 

If you are partially at fault for an accident or need help to determine liability, contact our office today at 813-251-0072. A Tampa personal injury attorney will guide you each step of the way and work doggedly to see you win a favorable outcome.


About the Author:

Anderson and Anderson


At the law office of Anderson & Anderson, we have been representing accident victims in the Tampa Bay area for more than thirty years. We understand the struggles our clients face after being injured in an accident. We do everything in our power to get clients the compensation they need to move forward with their lives. We are experienced. We are local. We are dedicated to you.... View full business profile here: Anderson and Anderson





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