How Florida’s Comparative Fault Law Could Impact Your Car Accident Settlement
Car accident cases in Pinellas County are rarely cut-and-dry. Often, both drivers involved share some level of blame. Florida’s modified comparative fault law governs how compensation is awarded when more than one party is responsible for a crash.
Under this system, the amount you recover for your injuries may be reduced based on your level of fault. In some cases, you may be barred from recovery altogether. Our experienced Seminole car accident attorney explains more about the way comparative fault works and how to protect your rights to full compensation.
Injured In A Pinellas County Car Accident? How Florida’s Modified Comparative Fault System Applies
In cases where more than one driver plays a role in causing a car accident in Pinellas County, the legal theory of modified comparative fault applies. Under the Florida Statutes, this rule helps determine how damages are awarded in car accident claims. Here’s how it works:
- Under the theory of comparative negligence, you may still be entitled to file a claim for Pinellas County car accident injuries, even if your own actions are partly to blame.
- Provided you are less than 50 percent to blame for a crash, you may still be entitled to compensation.
- The amount you are entitled to in a claim is reduced by the degree to which you are at fault.
- If you are more than 50 percent, you are not entitled to recover damages.
For example, if you get awarded $100,000 in damages but are 25 percent responsible, your claim is reduced to $75,000, which the other at-fault driver must pay.
Keep in mind that this is the formula used when filing a car accident lawsuit through the Pinellas County Civil Court. When filing an insurance claim, any degree of fault on your part is enough to dispute or deny compensation.
How To Protect Your Rights If You Are Partially To Blame For A Pinellas County Car Accident
Comparative fault can be used against you in a Pinellas County car accident claim. To protect your rights, take the following steps:
- Notify police immediately when a Pinellas County car accident happens, but avoid admitting even partial liability;
- Avoid speculating on the causes of the crash;
- Get treatment for your injuries, regardless of severity, and avoid downplaying your symptoms or conveying guilt to your doctor;
- Avoid making statements to insurers or accepting any settlements without getting legal help first.
- Avoid posting about your crash and consider setting social media pages to private, as this is the first place insurers and car accident investigators look for evidence to use against you.
To Protect Your Right to Compensation, Contact Our Experienced Pinellas County Car Accident Attorney Today
Don’t let Florida’s comparative negligence rule cost you the compensation you deserve. If you’ve been hurt in a crash and are partly to blame, The Reep Law Firm provides professional legal representation and protects your rights to compensation.
To get the legal help you need, contact our office. Request a consultation today with our experienced Seminole car accident attorney.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
mypinellasclerk.gov/Home/Civil-Court
