
If you’re involved in an accident in Fort Lauderdale, it’s important to understand that even if you’re partially at fault, you may still be eligible for compensation. Under Florida’s modified comparative negligence laws, you can recover damages, but the amount will be reduced based on your degree of fault.
We recommend consulting with an experienced Fort Lauderdale personal injury lawyer from Anidjar & Levine to help you identify all liable parties and build a strong case to minimize your liability. To learn more about your options, consider speaking with a Fort Lauderdale personal injury lawyer.
How Partial Fault Affects Your Claim
You’re likely wondering how being partly at fault will impact your accident claim. In Florida, the state’s modified comparative fault laws allow you to recover damages even if you’re partially responsible for the accident. However, the amount of compensation you receive will be reduced according to your percentage of fault.
If you’re found to be 20% at blame, you’ll only receive 80% of the total damages awarded. Contributory negligence rules can affect the outcome of your claim, so it’s important to understand how they apply to your case. Joint liability issues can arise if multiple parties are involved, making it essential to determine each party’s percentage of fault.
Your degree of fault will impact the amount of compensation you receive, so it’s important to minimize your liability. A skilled Fort Lauderdale personal injury attorney can help you through the process of determining fault and negotiating a fair settlement.
Assigning Fault in an Accident
Multiple parties are often involved in a Fort Lauderdale accident, and assigning fault can be a nuanced process. You’ll need to go through the claims process to identify liable parties and determine contributory factors to understand who’s responsible for the accident.
This involves examining the actions of all parties involved, including drivers, pedestrians, cyclists, and even manufacturers or maintenance companies if defective products or infrastructure played a role. Investigators will review evidence such as police reports, witness statements, and accident reconstruction to piece together what happened.
We will also consider factors like speed, weather conditions, and traffic laws to assign fault. As you manage the claims process, it’s important to work with an experienced personal injury lawyer who can help you identify liable parties and build a strong case.
The Impact of Partial Fault on Damages
If you’re found partially at fault in a Fort Lauderdale accident, you’ll likely face a reduction in the damages you’re awarded. Here’s what to know:
Comparative Negligence Applies
One aspect of Florida’s personal injury laws is the concept of comparative negligence, which comes into play when you’re partially at fault in a Fort Lauderdale accident. This means that even if you’re not entirely blameless, you can still pursue a personal injury claim.
Comparative negligence is different from contributory negligence, where a plaintiff’s shared responsibility would bar them from recovery. In Florida, the focus is on shared responsibility, and the court will assess the degree of fault for all parties involved. Here’s what to know:
- You can still recover damages even if you’re partially at fault.
- The court will assign a percentage of fault to each party.
- Your percentage of fault will reduce your damages.
- Comparative negligence encourages parties to take responsibility for their actions.
- This approach aims to achieve a fairer outcome for all parties involved.
Reducing Damages Awarded
Three-quarters of the battle is won when you understand how comparative negligence affects your damages award. In Florida, the concept of shared responsibility comes into play, which means you’ll be held liable for your percentage of fault.
This can greatly reduce the damages awarded. For instance, if you’re found to be 25% at fault, your compensation will be reduced by 25%. It’s important to work with an experienced attorney who can help minimize liability by gathering evidence, interviewing witnesses, and building a strong case.
Proving Negligence in a Fort Lauderdale Partially At-Fault Accident
In many partially at-fault accidents, you’ll need to prove negligence to establish liability and secure fair compensation. This can be a complex process, especially in contributory negligence claims where you share some blame for the accident. To examine the situation, you’ll need to demonstrate that another party’s actions or inactions contributed to the accident.
Some important factors to ponder when building your case include:
- The other party’s breach of duty, such as failing to follow traffic laws or maintain their vehicle
- Causation, or how the breach led to the accident and your injuries
- The extent of the other party’s negligence compared to your own assumption of risk factors
- Any relevant witness statements or physical evidence from the accident scene
- The severity of your injuries and the resulting damages
Working With a Fort Lauderdale Personal Injury Attorney to Handle Partial Fault
Handling the details of a partially at-fault accident can be formidable; having an experienced Fort Lauderdale personal injury attorney alongside you can greatly influence the outcome of your case.
We will guide you through the difficult process of discussing liability allocation and establishing comparative negligence. Your attorney will help you understand the percentage of fault assigned to you and the other parties involved, increasing the chances that you receive fair compensation.
By working together, you’ll be able to negotiate with insurance companies and, if necessary, take your case to trial. With an attorney’s help, you can focus on recovery while we handle the legal battle.
How Long Do You Have to File an Accident Claim in Fort Lauderdale?
If you were partially at fault in a Fort Lauderdale accident, it’s important to understand how long you have to file a claim. In Florida, the statute of limitations for filing most personal injury claims, including accidents, is two years from the date of the incident. Missing this deadline can prevent you from pursuing compensation, regardless of the circumstances surrounding your case.
However, certain factors can impact this timeline, such as whether the accident involved a government entity or if the injury wasn’t immediately apparent. It’s important to act quickly, as evidence can disappear, and witness memories can fade over time.
Working with a Fort Lauderdale personal injury lawyer ensures your claim is filed on time and strengthens your case, even if you share some of the fault for the accident.
Contact Our Fort Lauderdale Personal Injury Lawyer
You’ve got options, even if you’re partially to blame for a Fort Lauderdale accident. By understanding Florida’s comparative fault laws and working with Anidjar & Levine, you can still recover damages.
Contact us today for a free consultation.