What if the deceased was partly at fault in Tampa? If you’ve lost a loved one in a fatal accident in Tampa, you may wonder what would happen if they were partly to blame. At Anidjar & Levine, we have been helping families face these situations since 2005.
But what does this mean for your case, and how can you help yourself receive the compensation you deserve? Contact our Tampa wrongful death lawyers now to learn about filing a case.
Determining Fault in Fatal Accidents
You need to understand that fault isn’t always a clear-cut issue, and investigations can be complicated and time-consuming. In many cases, multiple parties may share responsibility for the accident, making it important to gather evidence and reconstruct the events leading up to the tragedy.
You’ll want to work with an experienced attorney who can help you face the investigation and gather significant evidence. This may involve reviewing police reports, eyewitness statements, medical records, and other documentation.
Your attorney will also help you identify key witnesses and interview them to get a clearer picture of what happened. By thoroughly investigating the accident, you can build a strong case and make sure that those responsible are held accountable. Get help with our Tampa personal injury lawyers now.
Florida’s Comparative Negligence Laws
Florida’s comparative negligence laws apply after a fatal accident, allowing the courts to assign a percentage of fault to each party involved. Understanding how these laws work can help determine the deceased’s level of responsibility.
Florida follows a pure comparative negligence system, which means the court will assign a percentage of fault to each party, including the deceased. This percentage will be based on the evidence presented and the court’s assessment of each party’s actions leading up to the accident.
You’ll want to gather evidence to support your claim, including witness statements, police reports, and any available video footage. Your attorney will help you build a strong case, but it’s important to understand the legal framework behind Florida’s comparative negligence laws.
How Partial Blame Affects Damages
Now that you understand how Florida’s comparative negligence laws assign a percentage of fault to each party involved, you may wonder how this affects the damages awarded in a wrongful death case.
The answer lies in the way the court calculates the damages. When the deceased is found to be partly at fault, their percentage of fault is used to reduce the total damages awarded.
For example, if the court determines that the deceased was 20% at fault and the defendant was 80% at fault, the damages will be reduced by 20%. This means that if the total damages were $100,000, the deceased’s estate would only receive $80,000. This reduction in damages reflects the deceased’s own contribution to the accident.
The Role of Negligence in Claims
As you work to assign liability in a fatal accident case, it’s likely that negligence will play a significant role. Negligence is a vital factor in determining fault, as it involves a failure to exercise reasonable care, resulting in harm to others.
In a fatal accident case, you’ll need to establish that the defendant’s negligence was a direct cause of the deceased person’s death. You’ll need to prove that the defendant breached their duty of care and that this breach led to the fatal accident.
This can involve gathering evidence, such as witness statements, police reports, and expert testimony. You’ll also need to demonstrate that the deceased person didn’t contribute to their own death through their own negligence.
Seeking Justice With Partial Fault
You’ll need to take into account the role your loved one played in their own death and how it affects your case. Florida’s comparative negligence law will be applied, which means the court will assign a percentage of fault to both parties involved. This percentage will then be used to reduce the amount of compensation you’re eligible for.
You may still be able to recover some damages, but it’s important to have realistic expectations. Your attorney will help you face the process of determining fault and negotiating a fair settlement.
Be prepared to provide evidence and witness statements that support your claim and demonstrate the other party’s liability. Contact our Tampa wrongful death lawyers now for help.
Contact Our Tampa Wrongful Death Lawyers Now
What if the deceased was partly at fault in Tampa? As you face the nuances of a fatal accident in Tampa, remember that even if the deceased was partly at fault, you still have a right to seek justice. Don’t let partial blame discourage you from pursuing a wrongful death claim.
By understanding Florida’s comparative negligence laws, you can maximize your claim and hold responsible parties accountable, even if the deceased shares some fault. Get a free case evaluation with Anidjar & Levine, then visit our blog page for more information.
