Local Car Accident Attorney Breaks Down Comparative Negligence

Have you been in a car accident recently? If so, whether your crash took place on Kings Highway in Port Charlotte or on US 301 in Venice, you probably have a lot of questions about how to get properly compensated for your injuries and property damage. One important legal concept to understand is comparative negligence - how much responsibility you and the other driver share for causing the accident. In Florida, the amount of compensation you can recover depends on your percentage of fault. If you're found partially at fault, it could reduce the total amount you receive. But don't worry, the car accident lawyers at All Injuries are here to make sure you get the maximum compensation you deserve for your Port Charlotte auto accident claim. Keep reading to learn exactly how comparative negligence works and how All Injuries will fight to minimize your percentage of fault.

Understanding Comparative Negligence in Florida

In Florida, the legal doctrine of comparative negligence determines how much compensation you can recover in a car accident injury claim. Florida switched to a "pure" comparative negligence system in 1973. This means that even if you were partially at fault in the accident, you may still recover damages as long as you are found to be less then 50% at fault. The amount you recover will be reduced by your percentage of fault.

For example, if you were found 30% at fault, your total damages award would be reduced by 30%. So if your total damages were $100,000, you would recover $70,000. In contrast, some states follow "modified" comparative negligence. Under this system, you cannot recover any damages if you were 50% or more at fault.

Effective March 2023, Florida will switch to a modified comparative negligence system. This means that if you were found to be 50% or more at fault in an auto accident, you will not be able to recover any damages. So if you were 55% at fault, you recover nothing, even if the other driver was also negligent.

The key takeaway is that under either pure or modified comparative negligence in Florida, your damages award can be reduced or barred completely depending on your percentage of fault in the accident. An experienced Port Charlotte car accident lawyer can evaluate your case, determine fault, and fight to maximize your compensation under Florida's comparative negligence rules.

Proving Comparative Negligence in Your Car Accident Case

Proving comparative negligence in your Florida car accident case means showing how the other driver’s negligence caused your injuries. Under Florida’s modified comparative negligence law, if you are found to be 50% or less at fault, you can still seek damages.

Gather Evidence of the Other Driver’s Fault

To prove the other driver was negligent, gather evidence like:

Police reports detailing the accident circumstances
Witness statements affirming the other driver’s reckless behavior
Photos of the accident scene and vehicle damage showing the other driver violated traffic laws

You’ll need to demonstrate how the other driver’s negligence directly caused your injuries. For example, if they ran a red light and hit your car, causing whiplash and back pain.

Your Own Contributory Negligence

The court will also determine if you were partially at fault. Things like speeding, distracted driving or DUI can reduce your compensation. It’s important to be upfront with your attorney about any role you may have played.

How Damages Are Calculated

If you’re found 20% at fault and awarded $100,000 in damages, you’d receive $80,000 (80% of the total). The more fault attributed to the other driver, the more compensation you can recover.

Speak with a local car accident attorney to determine how much negligence may be attributed to the other driver. They can evaluate your case, gather evidence of fault, and fight for maximum compensation on your behalf. While proving comparative negligence can be complicated, an experienced lawyer knows how to negotiate with insurance companies and present a persuasive case in court.

Working With A Car Accident Lawyer Near You To Overcome Comparative Negligence

Working with an experienced car accident attorney in your local community is key to overcoming comparative negligence and maximizing your claim. They can review the details of your accident and build a strong case to prove the other driver’s negligence.

A skilled lawyer will conduct a thorough investigation into your crash. They’ll examine the police report, talk to witnesses, review footage from traffic cameras, and inspect the vehicles involved. All of this evidence can help prove the other driver’s fault and diminish their argument of comparative negligence.

Your attorney will also have a deep understanding of Florida personal injury and insurance laws. They can effectively negotiate with insurance companies on your behalf to secure a fair settlement. Insurance adjusters know that a lawyer will be unlikely to settle for less than full value, so they’ll take your claim more seriously. This often results in higher settlement offers, even when comparative negligence is a factor.

If a settlement can’t be reached, your lawyer will file a lawsuit to take your claim to court. They have extensive trial experience and know how to present evidence to maximize your compensation. They can also call upon experts in accident reconstruction, medical care, and economic loss to help bolster your case.

A skilled attorney gives you the best chance of overcoming comparative negligence and holding the at-fault driver responsible for your damages. Though Florida law allows for reducing claims based on a plaintiff’s percentage of fault, an experienced lawyer will work to minimize that deduction and get you the most money possible for your injuries and other losses. Don’t go up against the insurance companies alone—let a Sarasota car accident lawyer fight for you.

Sarasota Car Accident Attorneys Get Results Even With Comparative Negligence

Even if you are partially at fault in a Sarasota car accident, the experienced attorneys at All Injuries can still help you recover compensation. Under Florida’s comparative negligence laws, fault is apportioned between parties, and you may receive a percentage of damages.

All Injuries Gets Results

At All Injuries, our skilled Port Charlotte car accident lawyers have a proven track record of maximizing compensation under comparative negligence. We thoroughly investigate to determine all liable parties and negotiate with insurance companies to get you the highest settlement possible, even when you share some fault. Don’t assume you have no case just because you were partially negligent. Contact us today for a free consultation.

All injuries law firm in Port Charlotte, Florida Will Win For You

If you’ve been in an auto accident in Florida, it’s important to understand “comparative negligence” and how it can affect your claim. Under Florida law, multiple parties can share fault in an accident. This means if another driver was mostly responsible but you were also partially at fault, you may still recover compensation - but the amount may be reduced.

The expert attorneys at All Injuries Law Firm in Port Charlotte, Florida can determine how much fault lies with each party involved in your accident. They’ll investigate the specific circumstances surrounding your crash to build a solid case for the maximum compensation you deserve. Even if you think you were partially at fault, it’s worth contacting All Injuries Law Firm for a free case review. They may find additional factors that reduce your percentage of fault.

All Injuries Law Firm has successfully handled many car accident claims in Port Charlotte and secured fair settlements for clients even when comparative negligence was a factor. Their experienced injury lawyers know how to negotiate with insurance companies and prove fault to maximize your settlement or award. Don’t assume you have no case just because you were partially at fault. Let the legal team at All Injuries Law Firm review your claim for free and determine how Florida’s comparative negligence laws apply to your unique situation.

Call (941) 625-4878 or visit allinjurieslawfirm.com to schedule your free consultation. All Injuries Law Firm has an office located at 2340 Tamiami Trail in Port Charlotte, Florida, ready to serve you. Even if you were partially at fault, you deserve experienced legal representation to get the compensation you need after an auto accident. Let the Port Charlotte personal injury lawyers at All Injuries Law Firm help you understand your rights.

Now you understand how comparative negligence works in Florida and what it means if you're involved in a car accident in Port Charlotte. Even if you were partially at fault, you may still be able to recover damages. The amount will depend on how much blame is assigned to the other driver.

The lawyers at All Injuries Law Firm have decades of experience helping clients in Port Charlotte and throughout Florida recover the maximum compensation after an accident. Don't assume you have no case just because you think you may have been partially at fault. Meet with the team at All Injuries for a free case review. They can evaluate your specific situation, determine who was truly at fault, and fight to get you the settlement you deserve. You've been through enough after an accident, so let the experts handle it from here.