You can still recover damages after a car accident, even if the car accident was partly your fault in Orlando, FL. Specifically, Florida Statute section 768.81 states that if you share a portion of the liability in the car accident, your amount of compensation for your injuries and losses will be reduced by the amount you are responsible. Never allow this Florida law to deter you from attempting to seek monetary recovery for your injuries.
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Comparative Negligence and Car Accidents
Florida has established a law called the pure comparative negligence rule. This law decreases the amount of compensation for injuries and losses in a personal injury lawsuit according to how much the victim was personally responsible for those injuries. These comparative negligence laws apply to car accidents.
You may be asking if the car accident was partly my fault in Orlando, FL, how much compensation will I receive for my injuries and losses? For example, if you were the victim in a car accident, and were determined to be 20% responsible, you would still have the right to receive 80% of the compensation you are requesting in your lawsuit.
Florida is considered a “no-fault” state. This means that every driver in the state of Florida must maintain a minimum of $10,000 in personal injury protection insurance (PIP), as well as an additional $10,000 in property damage liability (PDL). A “no-fault” state requires that you file your claims with your own car insurance first regarding any medical bills, lost wages, or other out-of-pocket losses after a car accident.
If an insurance company determines that you were somehow liable, they may attempt to pay you less compensation than you deserve for your injuries and losses. Negotiating with an insurance adjuster can be challenging. Often, the insurance companies will strategically delay the process, frustrating the victim, and wearing them down to ultimately settle for the lower offered amount. Never take an insurance company’s check unless you are certain it is your best offer. If you cash their check, you will likely end the negotiation process, and the insurance company will consider the matter settled.
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Statute of Limitations
Whether the car accident was partly your fault or not, you will still only have a limited amount of time to file a claim in the state of Florida for your injuries and losses. This deadline is called a “statute of limitations,” and according to Florida Statute section 95.11(3)(a), you have approximately four years in most cases from the date of the car accident to file a lawsuit.
Contact a Car Accident Attorney
If your car accident was partly your fault in Orlando, FL, you can still recover damages. Schedule your free consultation with a car accident attorney from the Law Offices of Anidjar & Levine at 1-800-747-3733 today. We can help you determine whether you are liable in the car accident, and help you determine your next steps.