When you are injured in an accident that is clearly 100 percent someone else’s fault, as long as you don’t delay or make other mistakes that could jeopardize your claim, the law entitles you to recover financial compensation for your accident-related losses. But, what if you were 10 percent at fault, or 50 percent, or even 90 percent? How do you even know how much blame to assign to each person involved in the accident?
These are complicated questions, and especially when it comes to assigning liability for a car accident, there are no easy answers. However, the good news is that Florida’s laws are among the most protective in the country when it comes to preserving car accident victims’ rights to financial compensation.
You Can Recover Compensation Even if You Were Partially to Blame
In Florida, you can recover compensation for injuries sustained in a car accident even if you were partially to blame. Florida is among the limited number of states that follows a rule known as “pure comparative fault.”
This means that if someone else was 90 percent at fault, they are responsible for 90 percent of your losses. Likewise, if you were 50 percent to blame, you can recover half of the financial compensation that would have been available had someone else been completely at fault in the accident. In fact, even if you were 90 percent at fault, you could still be entitled to 10 percent of a full financial recovery.
Of course, this raises two important questions:
- How do I know who was at fault in an accident?
- How much am I entitled to recover for my accident-related injuries?
How Do I Know Who Was at Fault in an Accident?
Determining fault in a car accident requires a thorough investigation and legal analysis. There really is no simple or straight-forward way to calculate exactly what percentage of blame to assign to any one driver or other party. In fact, assigning fault is often one of the most complicated and contentious aspects of insurance settlement negotiations and auto accident litigation. To protect your rights, you will need an experienced attorney who can use the evidence to prove that you were only minimally at fault – if in fact you were at fault at all.
How Much am I Entitled to Recover for My Accident-Related Injuries?
As you might expect, there is no straight-forward answer here, either. The extent of your injuries will determine the extent of your losses, and certain practical considerations (such as insurance coverage limits) may come into play as well. However, knowing how much you can reasonably expect to recover is critical to making an informed decision about whether to pursue a claim. Here too, it is important to speak with an attorney who can provide a thorough assessment of your legal rights.
Schedule a Free Car Accident Consultation at Powell, Powell & Powell, P.A.
In any case, it is critical not to make any assumptions about your role in the accident or your right to collect financial compensation. Florida’s fault laws are complicated, and you could end up leaving a significant amount of money on the table if you assume you were to blame. At Powell, Powell & Powell, P.A., our lawyers can help you understand your situation and make an informed decision about protecting your legal rights.
For a free consultation with a Destin car accident lawyer, call (850) 682-2757 or submit our online request form today.