You could still recover damages after a car accident, even if the car accident was partly your fault in Orlando, FL. Florida Statutes § 768.81 states that if you share a portion of fault for a collision, your compensation will be reduced based on how much fault you share. Never allow this Florida law to deter you from attempting to seek monetary recovery for your injuries.
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 you were determined to be 20 percent responsible, you would still have the right to receive 80 percent 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 claim 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, it 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 the check, you will end the negotiation process, and the insurance company will consider the matter settled.
Statute of Limitations
Whether the car accident was partly your fault or not your fault, you will still only have a limited amount of time to file a lawsuit in the state of Florida for your injuries and losses. This deadline is called a “statute of limitations.”
According to Florida Statutes § 95.11(3)(a), you have approximately four years in most cases from the date of the car accident to file a lawsuit.
What Proves Fault in a Car Accident?
Evidence determines fault in car accidents. To understand what happened, your lawyer may view traffic camera footage, review the accident report, and consult with witnesses. They may also speak with accident reconstruction specialists who will use a combination of physics, engineering, and computer software to determine how your accident occurred.
Multiple Parties Could Share Fault for What Happened
In some collisions, more than one party could be responsible for what happened. Consider this scenario:
- You were involved in a car accident with another motorist.
- After investigating your case, your lawyer finds that the other party’s car was defective.
- Here, you could hold both the other motorist and the car manufacturer responsible for your losses.
This situation might seem overwhelming. However, it could provide more than one avenue for seeking compensation.
You Could Recover These Losses Following Your Collision in Orlando, FL
As noted, you can seek compensation for your injury-related losses even if you were partly at fault for the collision. Financial recovery could account for these losses:
- Healthcare expenses, including hospitalization, treatment, and appointments
- Lost income, tips, bonuses, benefits, and paid time off
- Pain and suffering and inconvenience
- Property damage costs
The value of your case depends on many things, including your percentage of fault and injuries’ severity.
Why Partner With an Orlando Car Accident Lawyer?
Although you can still seek damages following an accident you partially caused, this complicates things. For example, the insurance company may insist that you can’t recover compensation. The other party could initiate legal action against you.
All of these things can overwhelm you. That’s why it’s important to consider partnering with a lawyer from our firm. They can:
Handle Your Case on a Contingency-Fee Basis
Our attorneys can pursue compensation for your losses on a contingency-fee basis. In this arrangement, we don’t request any payment up front or out of pocket. A portion of your settlement pays for our time and efforts. Otherwise, you don’t pay anything.
Prove Your Accident’s Cause
By reviewing your case’s evidence, your lawyer may find that one or more of the following factors caused your collision:
- Failing to obey traffic signals
- Poor weather conditions
- Poor vehicle maintenance
- Reckless driving
- Drag racing
- Road rage
- Distracted driving
Regardless of what caused your accident, we’re committed to securing what you deserve.
Explore Your Coverage Options and File Your Claim
First, we’ll examine the details of your PIP coverage and determine whether you have legal options. If you have adequate coverage, we can file a claim and negotiate for what you need. If your damages exceed the liability policy’s limits, we can pursue damages from the other party’s insurance company.
File a Civil Lawsuit
We resolve many car accident cases through insurance negotiations. Yet, our trial-ready lawyers will file a lawsuit if that doesn’t happen. Filing a lawsuit involves consulting field experts, managing your case’s deadlines, and persuading the judge and jury to award compensation.
Contact a Car Accident Attorney Serving Orlando, Florida
If your car accident was partly your fault in Orlando, FL, you could still recover damages. Schedule your free consultation with a car accident attorney from the Law Offices of Anidjar & Levine at (407) 500-4000 today. We can help you determine whether you are liable for the car accident, and we can determine your next steps.
We Can Help.