As of March 2023, Florida follows a “modified comparative negligence” rule, which means each person involved in an accident is responsible for their percentage of fault. Each liable party’s compensation is reduced by their percentage of fault, and anyone more than 50% responsible cannot recover damages. This applies to car accidents, slip and falls, and other personal injury cases.
If you were injured in an accident, you should understand how comparative negligence works in Naples personal injury claims. One of our Naples personal injury lawyers can help explain how this law applies to your specific situation.
How Is Fault Determined In A Personal Injury Case In Naples, Florida?
In some cases, one party may be completely liable for an accident, while in others, multiple parties share responsibility. Each party’s degree of fault is determined by looking at evidence to determine what happened and who was responsible.
Can I Still File A Claim If I’m Partially At Fault?
Yes, you can still file a claim for damages as long as you are not more than 50% responsible. Many accidents involve shared blame, and Florida law allows you to seek damages if your portion of fault is 50% or lower.
Hypothetical Examples Of Comparative Negligence Laws In Action
To illustrate the principles of fault and comparative negligence, here are three hypothetical examples:
Example #1: Drunk Driver
You are driving on the Tamiami Trail one afternoon when a drunk driver careens around the vehicle next to you and slams into your car from behind, causing you severe injuries and totaling your vehicle.
Because you were obeying all traffic laws and did not contribute to the accident in any way, the drunk driver is deemed 100% at fault. Your Naples car accident lawyer negotiates with the liable driver’s insurance company and secures a settlement covering all your damages.
Example #2: Restaurant Slip And Fall
You’re having dinner with your family at Mediterrano and get up to use the restroom. On your way back to the table, you’re scrolling through social media on your phone and do not notice a beverage spilled on the floor. You slip and fall, hitting your head on a table and suffering a traumatic brain injury.
The restaurant owner argues that you were partially at fault for not paying attention. However, the drink had been spilled quite a while ago, and the wait staff had not bothered to clean it up yet.
Your Naples slip and fall injury lawyer reviews the details of your case, gathers evidence, and determines that the restaurant bears primary responsibility because it failed to clean up the drink promptly. However, because you were distracted, you bear 10% of the fault and therefore recoup 90% of your damages.
Example #3: Multi-Vehicle Pileup
A commercial truck driver runs a red light, crashing into your car and another one at the intersection of Airport-Pulling Road and Pine Ridge Road in Naples. Because the accident likely would not have happened if the truck driver had not run a red light, they are 60% at fault for the collision and therefore cannot collect any damages for their losses.
However, you were speeding, and the third driver involved was texting when the accident occurred, so you each receive 20% of the blame for the crash. Your Naples truck accident lawyer determines your damages are worth $100,000, so you are eligible to receive 80% of that, or $80,000.
Clearly, these cases can get complicated quickly, especially when insurance companies try to shift blame or deny liability, so gathering strong evidence is key.
Can An Insurance Company Wrongly Assign Me Too Much Fault?
Insurance companies are for-profit businesses, so they are often biased toward their clients and try to avoid making large payouts. They may assign you a higher degree of fault than is fair, especially if the other party disputes what happened.
Can I Appeal A Fault Determination?
If you believe an insurance adjuster has assigned you too much blame, you can challenge their decision. Our Naples personal injury attorneys can help you understand your rights and push back against unfair fault determinations. Some steps we can help you take include:
- Requesting a review of the insurer’s determination and asking them to explain how they calculated fault
- Providing additional evidence that supports your case
- Filing a personal injury lawsuit
- Representing you in court if we cannot reach a fair settlement
While most cases settle even after taking legal action, the threat of taking a case to court is often enough to convince the insurer to play fairly.
What Evidence Can Help Reduce My Percentage Of Fault?
Strong evidence can help show that you weren’t as responsible as the other party claims. Useful evidence might include:
- Accident reports – Police or incident reports can document details like traffic violations, hazardous conditions, or statements from involved parties.
- Witness statements – Testimony from unbiased people who saw the accident can help clarify how it happened.
- Photos and videos – Pictures of the accident scene, property damage, or injuries can provide visual proof of what occurred.
- Surveillance or dashcam footage – Video recordings can show the sequence of events leading up to an accident.
- Expert opinions – Accident reconstruction specialists, medical professionals, or engineers may analyze the accident and offer insights.
The more evidence you have, the better you can demonstrate what really happened and reduce the percentage of fault assigned to you.
How Can A Personal Injury Attorney From The Law Offices Of Anidjar & Levine Help Reduce My Assigned Fault?
If you believe you’ve been assigned too much blame for an accident, one of our Naples personal injury lawyers can step in to challenge that determination. Reducing your percentage of fault can make a big difference in how much compensation you receive, so challenging an unfair decision is often worth the effort.
If you were injured and are concerned about how Florida’s comparative negligence law (Florida Statutes § 768.81) might affect your claim, the Law Offices of Anidjar & Levine can help. Our legal team understands the crucial role Florida’s negligence laws play in personal injury claims and can work to protect your right to fair compensation. Call us today for a free consultation to learn how our experienced attorneys can support you throughout the legal process.
