How Does Partial Fault Impact a Personal Injury Claim in Florida?

When the insurance companies respond to personal injury claims, they do so with their own best interests in mind. They use various tactics to try to avoid paying for victims’ losses—tactics that include blaming victims for their own injuries. What should you do if the insurance companies blame you for your own injuries, and what if you were partially at fault in the accident? An experienced Florida personal injury lawyer explains:

Do Not Let the Insurance Companies Blame You for What Happened

The first thing you need to know is that you should not let the insurance companies blame you for what happened. Regardless of the circumstances involved in your accident, you need to make informed decisions based on an unbiased assessment of the evidence that is available. The insurance companies are not unbiased. Their goal is to pay you as little as possible—if they can get out of paying for your losses, they will not hesitate to do so.

What should you do instead? Instead of letting the insurance companies investigate and then tell you they found you at fault, you should hire a personal injury lawyer to determine what really happened.

When you hire a personal injury lawyer to represent you, your lawyer will investigate the accident with a focus on determining whether you are entitled to just compensation. While the insurance companies will be looking for evidence they can use to fight your claim, your lawyer will be looking at all of the evidence to determine if you have grounds to take legal action. After conducting a comprehensive investigation, your lawyer will be able to determine whose insurance company is responsible, and then your lawyer will be able to use the evidence gathered during this investigation to fight for just compensation on your behalf.

What if an Investigation Reveals You Were Partially at Fault?

Let’s say your lawyer’s investigation reveals that you were partially at fault in the accident. In this scenario, what can—and should—you do?

The answer to this question depends on your percentage of fault. This wasn’t always the case, but the law changed in 2023. Previously, accident victims in Florida could seek partial compensation even if they were 99 percent to blame. Now, however, accident victims are only entitled to seek compensation when another party is primarily responsible for their injuries. This is made clear in Section 768.81(6) of the Florida Statutes, which states:

“In a negligence action . . . any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. . . .”

This has two key implications: (i) if you are 51 percent or more at fault in an accident, you are not entitled to any financial compensation under Florida law; but, (ii) if you are 50 percent or less at fault in an accident, you still can—and should—file a claim for damages.

When you are 50 percent or less at fault in an accident, the amount you are entitled to recover is reduced based on your percentage of fault. This is made clear in Section 768.81(2) of the Florida Statutes, which states:

“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, but does not bar recovery, subject to subsection (6).”

Subsection (6) is the language quoted above. So, for example, if you were 50 percent at fault in your accident, you would be entitled to recover 50 percent of your losses. If you were only 25 percent at fault, you would be entitled to recover 75 percent of your present and future losses.

All of this means that partial fault can play a major role in a personal injury case under Florida law—and this is why it is critical that you do not take the insurance companies at their word. If it appears that you were about equally at fault with another party, just one percent could be the difference between recovering 50 percent of your losses and recovering nothing at all.

Your Personal Injury Lawyer Can Help You Seek the Financial Compensation You Deserve

After investigating your accident, your personal injury lawyer will be able to deal with any concerns about partial fault on your behalf. If the evidence suggests that you are entitled to partial compensation, your lawyer can work to secure a fair settlement based on the circumstances at hand. If the insurance companies are unwilling to settle for just compensation, then your lawyer can take your case to court.

Keep in mind, to seek any compensation on your behalf, your lawyer will also need evidence of the losses you are entitled to recover. This makes it important for you to take steps to document your accident-related losses. For example, if possible, you should:

• Keep copies of your medical records and medical bills
• Keep copies of any records you receive from your employer (if you miss time from work)
• Keep your receipts for purchases of things like medications and medical supplies
• Take photos and videos to document your injuries and the recovery process
• Take notes about how the accident impacts your day-to-day life

With that said, if you have a personal injury claim, your lawyer will be able to assist with gathering all necessary documentation. Ultimately, if you have questions about seeking just compensation after an accident in Florida, the most important thing is that you speak with an experienced personal injury lawyer as soon as possible.

Schedule a Free Consultation with a Florida Personal Injury Lawyer at Searcy Denney

Do you need to speak with a lawyer about your legal rights after an accident in Florida? If so, contact us today. To schedule a free consultation with an experienced Florida personal injury lawyer at Searcy Denney, call 800-780-8607 or tell us how we can get in touch online now.