Finding yourself partially at fault in a Florida personal injury case can be a nightmare, only if you compensate yourself for your loss on time.
With Florida’s pure comparative fault doctrine, getting your lost recovery bills is possible, but you won’t get the total compensation. Want to know why? Read below to get all the answers to your perplexions.
The Law of Comparative Negligence in Partially at Fault in a Florida Personal Injury Case
When both parties are at fault in an accident in Florida, a law called ” Comparative Negligence” is asked for help. This law or doctrine is called Pure Comparative Negligence, where it is accepted that an accident can be grey and may only include both parties’ involvement.
In the case of pure comparative negligence, you will carry all types of consequences, including compensation. However, you will be rewarded for your injuries and loss according to the percentage of your contribution to the accident.
You would still be lucky to get compensation when you’re partially at fault in an accident in Florida. Many countries follow contributory negligence, where you can’t seek your rights after proof of a certain percentage of fault.
You can get an idea of the compensation from this example: If your involvement percentage in an accident is 35% and your total compensation is $50,000, then the total amount you will get will be reduced by 35%.
How to Determine Fault in a Car Accident in Florida
If you’re wondering how is fault determined in a car accident, then here is the answer: Determining who is responsible for the accident and the percentage of compensation to be distributed requires investigating the accident.
However, there is also a no-fault law, which is run when there is no higher level of damage or injury in the accident. Therefore, one needs to acquire a claimed amount from their insurance companies. But, in the case of high severity levels of injuries, one may sue the driver who hit you.
Types of Damages You Can Recover when Partially at Fault in a Florida Personal Injury Case
You can expect the pay for damages to be recovered after getting assistance from legal professionals and a personal injury attorney. These are as follows:
- Financial damages damages
- Medical bills
- Property damages
- Loss of wages
- Future eating ability
- Non-financial damages
- Painful sufferings
- Emotional suffering
- Loss of life quality
- Punitive damages
- Extreme negligence or intentional damage
- Wrongful death
- Funeral, burial, loss of financial aid, and companionship
What is the Statute of Limitations in Florida
Although the pure comparative negligence in Florida is better than the other laws in most countries, there are still some limitations. The statute of Limitations in Florida also involves some period when you must file your case.
In Florida, the timeframe for a personal injury lawsuit is four years from the accident date to file your lawsuit. But you might need to hit the ground running if it’s a partially at-fault car accident or injury case. What happens in a no fault accident is that if you didn’t find any damage or injury at the time of the accident but manifest it later, then the statute of limitations will be applied from the day of discovery.
Trust On Personal Injury Lawyer to Get Help in Partially Fault Cases in Fort Lauderdale, Florida
It takes work to skim through the legal landscape. Instead, it’s like trekking up a steep mountain. According to your fault, it can be sweat and tears to get a resolution for your compensation.
But even after all the nuances, you don’t need to withdraw from your rightful compensation. Don’t Worry! If you ever find yourself partially at fault in an accident, our experienced accident lawyer can be at your service any time.
With Maus Law Firm committed and wise personal injury attorney, you will always stay upright. You will be facilitated enough to minimise your fault by all available evidence that can increase your compensation amount.
Contact us today, discuss your legal rights, and get them protected without any further challenges.