Juries dole out financial liability for a personal injury accident to all involved parties by percentage. Since 2023, Florida has followed a modified comparative negligence system, meaning you can still recover damages if you were partially at fault in Naples. If a lawyer represents you, they will collect evidence and conduct an independent investigation to determine what happened.
Since you could be entitled to damages, you must ensure the court accurately apportions blame. The best way to do that is to let a Naples personal injury lawyer fight for your best interests. Many will offer free consultations with a team member to learn more about the merits of your case and explore your monetary compensation options.
Damages You Can Recover If You Were Less Than 50% At Fault In Naples
Compensation after an accident includes various recoverable economic (tangible) and noneconomic (intangible) damages. According to Florida Statutes § 768.81, you can recover damages even if you were partially at fault for the accident. Florida law lets you get compensation as long as less than half of the fault was yours.
The types of economic damages you can recover include:
- Past and future medical bills
- Rehabilitation and therapy
- Treatment-related travel costs
- Past and future lost income
- Lost future earning potential
- Property damage or destruction
- Diminished property value
The types of noneconomic damages you can recover include:
- Physical disability
- Physical disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Diminished quality of life
Wrongful Death Damages For Naples Accidents
If your family suffered the loss of a loved one in a negligence-based accident, you could be entitled to wrongful death compensation—starting with the costs of your loved one’s funeral and burial, as well as compensation for the loss of the decedent’s income and household support. A Naples wrongful death lawyer can clarify all the damages you are entitled to recover.
Do Not Let The Statute Of Limitations Expire On Your Personal Injury Lawsuit
In Florida, you have limited time to file a lawsuit after an accident. You generally have two years to meet the personal injury or wrongful death statute of limitations, according to Florida Statutes § 95.11(5). The court will refuse to hear your lawsuit if the filing deadline expires. However, a Naples attorney can file your lawsuit on time and in the appropriate Collier County court.
A Lawyer Can Help You Recover Damages For Partial Fault In A Naples Claim
You do not have to deal with the insurance company and its adjuster alone following an accident. When a personal injury lawyer represents you, they will investigate the accident and fight for a fair and appropriate distribution of negligence by:
- Collecting evidence
- Interviewing eyewitnesses
- Documenting the full value of your damages
- Compiling proof that supports your case
- Completing and submitting required documentation
- Handling all verbal and written communication
- Addressing your case-related questions and concerns
- Providing ongoing updates on the progress of your case
Your lawyer will also represent you at each settlement negotiation session. They will make a settlement demand, receive monetary offers, and weigh the pros and cons of each offer. If you cannot agree on an adequate settlement, your lawyer will take your case to court and keep fighting for financial recovery.
It Costs Nothing Out Of Pocket To Hire A Personal Injury Attorney In Naples
You can get a lawyer on your side immediately after an accident. In fact, the sooner you do, the more time they have to speak to witnesses while their memories are vivid and collect and preserve evidence.
A personal injury lawyer’s fee is a percentage of your recovered damages, meaning you owe them nothing if they don’t win your case.
How Comparative Negligence Defines Financial Liability In Naples Accidents
In personal injury claims, defining the at-fault party or parties requires proving the negligence that contributed to the accident. Establishing financial liability starts with proving the following elements of negligence:
- Duty of care: The legal obligation that each party involved in the accident owes the other.
- Breach of duty: Each party’s action that violated their legal duty.
- Causation: Evidence of how each party’s actions led to the accident and resulting injuries.
- Damages: Proof of the financial, physical, and psychological harm resulting from the breach of duty.
Your lawyer will collect evidence that proves these elements and your right to financial recovery. They will build a compelling case file on your behalf and work diligently to maximize your personal injury settlement.
Collect Evidence That Proves Each Party’s Role In Causing The Accident
Personal injury claims include many types of negligence-based accidents. When you choose an attorney to represent you and build your case file, look for one who handles the kind of accident you were involved in:
- Naples bicycle accident lawyers
- Naples boat accident lawyers
- Naples bus accident lawyers
- Naples car accident lawyers
- Naples construction accident lawyers
- Naples defective products lawyers
- Naples medical malpractice lawyers
- Naples motorcycle accident lawyers
- Naples nursing home abuse lawyers
- Naples pedestrian accident lawyers
- Naples slip and fall accident lawyers
Depending on the type of accident, evidence might include police, fire, and emergency first responder reports. It will also include medical records, witness statements, and accident reconstruction reports. Finally, when applicable, add security, traffic, dashcam, and smartphone video footage to your case file.
Get Personal Injury Support That Goes The Extra Mile
If you or a loved one suffered injuries in a recent accident in Naples, FL, you can still recover damages if you were partially at fault. The personal injury team at the Law Offices of Anidjar & Levine can help you document your share of the blame for causing the accident and get the compensation you need and deserve.
Learn more about the benefits of hiring our results-driven legal team with a free claim evaluation. Contact our consultation team today to get started.
