Injury victims who might have contributed to the collision they were involved in may feel as though they don’t have the right to file a claim in Florida and may even be concerned about a claim being brought against them. However, when you are injured due to someone else’s recklessness, that individual or entity should be compelled to repay you.
Florida allows for those who are partially to blame for the cause of their accident to be compensated under pure comparative negligence. Below, we describe Florida’s shared fault law in greater detail and outline what you should expect to happen with your lawsuit if you share fault for your accident.
Pure Comparative Negligence in Florida
There are three types of shared fault in the United States: comparative fault, modified comparative fault, and contributory fault. Florida operates under comparative fault, which means those who have played a part in causing their injuries are still able to seek repayment from the party that is primarily to blame for their injuries.
This is different from modified comparative fault, which has a threshold of anywhere between 49 percent and 51 percent of liability, and contributory fault, which does not allow those who have contributed to the cause of the accident in any way to seek compensation. Fortunately, these two types of fault don’t apply to your Florida car accident case.
What to Expect if You Share Fault
Although you do have the right to file your Florida civil claim, being partially at fault also means you will need to take responsibility for said fault. If you file a claim and share fault, you can expect your award to be decreased based on your portion of fault.
For example, if you are found to be 20 percent to blame due to your choice to not wear a seat belt, any amount you are awarded will be reduced by this 20 percent of fault.
Get Help from a Florida Car Accident Lawyer
If you are interested in learning more about how comparative fault will influence you and your Florida car accident lawsuit, speak with an experienced Tampa car accident lawyer at Anderson & Anderson. You can give us a call at 813-251-0072 or fill out the brief contact form on our firm’s website to schedule your free, no-obligation consultation.