Recovering Compensation While Partially at Fault in Florida Accidents

Accidents are often complicated, with involved parties sometimes sharing fault. If you are partially at fault for an accident and suffered injuries, you may still be able to recover some compensation in Florida.

You stop being able to sue for damages if your fault outweighs the defendant’s. Otherwise, you may recover compensation, although your damages will be lowered to reflect your percentage of liability. Don’t let misconceptions about how comparative fault rules work convince you to sign a bad settlement offer or not to file a compensation claim at all. You may still recover most of your damages if you are partially at fault, so it is still worth pursuing a case.

Call our Miami personal injury lawyers at (305) 614-2767 for a free case review from the Graves Injury Law Firm.

Can You Recover Compensation if You Are Partially at Fault for an Accident in Florida?

You should check whether you still have a case and can recover compensation, even if you are partially at fault in an accident. In Florida, contributing doesn’t automatically bar you from recovery.

If You Are 50% or Less at Fault

Under Florida’s modified comparative fault rule, you may still sue and recover compensation if you are partially at fault, as long as you are not more at fault than the defendant. A plaintiff can be 50% at fault for an accident and still sue to recover 50% of their damages from the defendant.

The percentage of fault attributed to a plaintiff dictates how their recovery is affected. A plaintiff who is 10% at fault can recover 90% of their damages, while a victim who is 40% at fault can only recover 60%. Our Hialeah, FL personal injury lawyers can assess your accident and give you a realistic idea of how comparative fault might apply.

If You Are More than 50% at Fault

Florida was previously a pure comparative fault state, meaning it allowed plaintiffs to sue and get some damages, even if they were 99% at fault. That is no longer the case in Florida, and being more than 50% at fault bars plaintiffs from filing personal injury claims and recovering any compensation whatsoever.

Being 50% at fault does not prevent you from seeking damages, so don’t let the other party convince you it does.

How Can You Recover Compensation if You Are Partially at Fault for an Accident?

Recovering compensation if you are partially at fault for an accident is possible. In fact, you may still recover the majority of your damages in a personal injury lawsuit, depending on how fault is allocated.

File on Time

Don’t waste time wondering whether or not you can get compensation after an accident you contributed to. We may need much of the 2-year statute of limitations to build your case and strong arguments against a comparative fault defense. Even if being partially at fault doesn’t preclude you from damages, missing the statute of limitations will.

Know the Impact on Your Case

While being partially at fault might affect your recovery somewhat after an accident, it should not bar it entirely unless you bear more liability than the other party. Don’t let the defendant or their attorney misrepresent how comparative fault works in Florida, making you think a bad settlement offer is something worth accepting out of fear you might recover even less at trial.

Prove the Defendant is Mostly Liable

To still recover compensation when you are partially at fault for an accident, you must prove that the defendant is 50% or more at fault. Eyewitness testimony, photographs, video footage, accident reconstruction, and medical records are just some of the evidence we can use to prove the defendant is mostly liable for your injuries and should cover most of your damages.

FAQs About Recovering Compensation While Partially at Fault for an Accident

What if You Apologize but Are Not Partially at Fault for an Accident?

Even if you are not actually partially at fault for an accident, the negligent driver might try to use your apology for your involvement as evidence of your contribution. Even though it may feel like the polite thing to do, don’t apologize after an accident you didn’t cause.

Should You Still Sue for Compensation if You Are Partially at Fault for an Accident?

You should still sue for compensation if you are partially at fault for an accident. Even if you are 50% at fault, you could recover 50% of your damages, making a compensation claim worth it.

Can You Still Recover Economic Damages if You Are Partially at Fault for an Accident?

You can still recover economic damages if you are partially at fault for an accident; however, damages are lowered according to your percentage of liability.

Can You Still Recover Non-Economic Damages if You Are Partially at Fault for an Accident?

You can still recover non-economic damages if you are partially at fault for an accident as well. Your non-economic damages may also be reduced based on your percentage of liability.

Do You Need a Lawyer if You Are Partially at Fault for an Accident in Florida?

If you are partially at fault for an accident in Florida, you need a lawyer who knows how comparative fault is applied, evidence that can weaken comparative fault arguments, and negotiation tactics that still yield a sizeable settlement even with your involvement.

Do Comparative Fault Rules Have to Affect Your Accident Case?

Comparative fault rules do not have to affect your case or recovery if they don’t apply. Even if the negligent party tries to argue you contributed to the accident, our lawyers may present contradicting evidence that shows you are not partially at fault and your damages should not be reduced.

Recover Damages After an Accident with Our Help

Call (305) 614-2767 for a free case evaluation from our Aventura, FL personal injury lawyers of the Graves Injury Law Firm.