It’s normal to wonder if you can recover for your Pensacola car accident injuries when you were partly responsible for the collision. We get this question all the time from clients and know it can be a confusing topic. In Florida, you may still be entitled to compensation for your injuries under the doctrine known as comparative negligence.
This principle compares the negligence of all drivers involved in a car accident, assigning a percentage of responsibility to each party, and allocating compensation according to each party’s respective percentage of fault. Translation: you can still get a lot of money for your car accident even if you played a small or large role in causing it.
How Does Comparative Negligence in Florida Work?
In Florida, a car accident injury victim may still pursue compensation from a negligent party. However, to receive financial compensation, you must be 50% or less at-fault for the accident. This is how modified comparative negligence works.
Once a judge or jury evaluates the facts of your case, they will apportion each party involved a percentage of fault for the accident. Then, if you receive an award of damages to compensate for your injuries, the amount you actually receive is reduced by your percentage of fault.
For example, if Jane was involved in a car accident and permanently injured, which is an exception to Florida’s no-fault law, she might file a lawsuit against the at-fault driver for $100,000 in compensation. The case went to trial. After examining the evidence presented, the jury assigned Jane 50% responsibility (negligence) for the accident under comparative negligence. Jane would only be permitted to recover $50,000 of her $100,000 claim amount because she was 50% at fault.
Speak to a Pensacola Car Accident Attorney Today
Car accidents can be overwhelming even when only one party is to blame. When more than one driver may be at fault you should call the skilled Pensacola Car Accident Attorneys at Stevenson Klotz to make sure you are represented aggressively and you receive the maximum award possible for your injuries. Call us at (850) 706-4226 or complete our online Contact Page to schedule your no-obligation case evaluation today. The consultation is free, and you pay nothing until we win your case. Let our experienced attorneys review your case and start fighting for the compensation you deserve today.