Comparative Negligence in Florida Car Accident Claims

September 12, 2018

Florida Car Accidents & Comparative NegligenceThere are options available to you when involved in a car accident in Florida, especially if you have suffered an injury or if there was damage to your vehicle. Before we take a look at comparative negligence in West Palm Beach car accidents, we need to explain that Florida is a no-fault state, which means that you will need to file a claim with your own insurance company for compensation even if you did not cause the accident. The statute of limitations in Florida to bring a claim after a crash is four (4) years from the date of the crash.

“Comparative Negligence” Explained

The most obvious of results occurs when a car accident is cut and dry and it comes down to one driver being at fault. You should be able to file a claim against that driver’s insurance provider for lost wages, damage to your vehicle, and your medical expenses. But what happens if both you and the other driver share the fault in a South Florida car accident?

Florida operates using a pure comparative fault rule. This requires the court to calculate two items found within the evidence: the percentage of fault each driver is responsible for and the total monetary amount of the damages caused to the plaintiff. Under this rule, the amount of compensation awarded to the plaintiff is reduced based on their percentage of fault for the accident.

The pure comparative fault rule applied by the courts in Florida also comes into play when you are found to have been responsible for a higher percentage of the crash than the other driver involved. Even if it is determined that you were 75 percent responsible for the motor vehicle accident, you would still be entitled to receive 25 percent of the compensation that is awarded in the case. This is a much lower payout, but it is still a payout.

Contact the Pompano Beach Car Accident Attorneys at Gonzalez & Cartwright, P.A.

Have you been injured in a car accident in Pompano Beach, Fort Lauderdale, Lake Worth West Palm Beach, Deerfield Beach, Miramar, or anywhere else in South Florida? Protecting your rights is an important step in acquiring the compensation you deserve for your injuries. Contact the team of Gonzalez & Cartwright, P.A. by calling 561-898-0497 or emailing to schedule a free consultation today. The law firm’s Lake Worth office is located at 813 Lucerne Avenue, Lake Worth, FL 33460, in addition to an office in Pompano Beach, Florida.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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