Can I File a Personal Injury Claim if I was Partially At Fault in the Accident?

If you were seriously injured in an accident that was someone else’s fault, you are entitled to just compensation under Florida law. But, what if you were partially at fault in the accident? In this scenario, your legal rights depend on the specific circumstances involved, and you will need to consult with an experienced Florida personal injury lawyer to find out whether you have grounds to take legal action.

You Should Not Make Assumptions About Who was At Fault in Your Accident

Before we talk about personal injury claims involving partial fault in Florida, we need to make one point clear: You should not make any assumptions when it comes to your legal rights after an accident. Among other things, this means that you should not assume you were partially at fault—no matter the circumstances involved.

There are a few reasons why:

• Not All Mistakes Constitute “Fault” Under Florida Law – Even if you made a mistake that you think might be partially to blame for your injuries, not all mistakes constitute “fault” under Florida law. To constitute legal fault, a mistake must rise to the level of negligence. If you slipped and fell or failed to swerve in time to avoid a collision, for example, these are both potential mistakes that may or may not not have an impact on your legal rights.
• Determining Fault in an Accident Requires a Thorough Investigation – Determining fault in a personal injury case requires a thorough investigation. As a result, until you hire a Florida personal injury lawyer to investigate your accident, you won’t know who is legally responsible for what happened. Even if you made a mistake, it is entirely possible that your mistake was not ultimately a factor in causing your injuries.
• Being Partially At Fault Can Drastically Impact Your Legal Rights – As we discuss in greater detail below, being partially at fault in an accident can drastically impact your legal rights in Florida. This factor alone is more than enough reason to talk to a Florida personal injury lawyer before you make any decisions about filing a claim.

If you assume that you were partially at fault in your accident—or if you let the insurance companies tell you that you were partially at fault—you may end up without the financial compensation you deserve. This could have serious and long-term consequences, so you owe it to yourself to ensure that you are making informed decisions based on an accurate understanding of the circumstances of your case.

What if You Were Partially At Fault in Your Accident?

Now that we’ve covered the importance of making informed decisions (not assumptions) about your legal rights, what if you were partially at fault in your accident?

Under Florida law, being partially at fault in an accident can play a major role in determining how much you are entitled to recover after an accident. In some cases, it can prevent you from recovering financial compensation entirely. The relevant language appears in Section 768.81 of the Florida Statutes:

“In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault . . . [provided that] any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.”

This means that all personal injury claims involving partial fault fall into one of two categories under Florida law:

• 50 Percent or Less At Fault – If you were less than 50 percent at fault in your accident, your “contributory fault” will reduce the amount you are entitled to recover. For example, if you were 10 percent at fault, you would only be entitled to recover 90 percent of your accident-related losses.
• 51 Percent or More At Fault – If you were 51 percent or more at fault in your accident, you are not entitled to any financial compensation under Florida law. While you would be entitled to recover 50 percent of your losses if you had been 50 percent at fault, just one additional percent can prevent you from filing a successful claim for damages.

As we said, partial fault can play a major role in Florida personal injury cases. Not only can being deemed partially at fault prevent you from recovering the full compensation you deserve, but it can potentially prevent you from recovering any financial compensation at all. Again, it is critical that you do not make any assumptions; and, if you think you may have been partially at fault in your accident, you should talk to an experienced Florida personal injury lawyer before you deal with the insurance companies.

Challenging the Insurance Companies’ Accusations of Partial Fault

Even if you weren’t partially at fault in your accident, this won’t necessarily stop the insurance companies from blaming you for your injuries. Additionally, if the evidence suggests that you were partially at fault, you can expect the insurance companies to try to assign as much blame to you as possible.

With this in mind, how can you challenge the insurance companies’ accusations of partial fault? Once again, hiring a Florida personal injury lawyer to conduct a thorough investigation is essential. If your lawyer can use the available evidence to prove that you were 50 percent at fault or less (if you were at fault at all), this could be the difference between recovering just compensation and ending up with far less than you deserve.

Discuss Your Legal Rights with an Experienced Florida Personal Injury Lawyer

Do you have questions about filing a personal injury claim for an accident in which you may have been partially at fault? If so, we encourage you to contact us promptly so that we can help. To discuss your legal rights with an experienced Florida personal injury lawyer at Searcy Denney as soon as possible, call us at 800-780-8607 or contact us online now.