When an individual is injured in a Florida car accident, a claim may be filed in order to receive compensation for those injuries and expenses. It must first be determined who was at fault for the accident.
The case may become quite complicated if there is more than one party at fault for your Florida car accident. In this case, negligence will be divided between all the parties found liable. Sometimes the cause of the accident could rest with both the party that was injured and the other party that was involved. All of these factors are taken into consideration when determining compensation for a Florida car accident claim.
Florida Negligence Laws
Florida negligence laws will impact the outcome of a Florida car accident claim. These laws play a role in how much compensation can be recovered and who can receive the compensation. Since these negligence laws apply for every type of injury claim in Florida, it is best to speak with an accident lawyer in Florida to learn more about how these negligence laws may impact your claim.
Florida Negligence Laws – Pure Comparative Negligence System
There are 2 main types of systems used across the United States to determine negligence. One is contributory negligence and the other is comparative negligence. In addition, there are modified versions of these systems that vary from state to state.
Florida follows the pure comparative negligence system. In this type of negligence system, a percentage of liability is given to each party who is found to have contributed to the accident. Damages are awarded and in some cases reduced based on the percentage of fault assigned.
This allows an injured party who may have contributed to their Florida car accident to still receive some type of compensation, even if they are 99% at fault for the accident. Depending on the percentage of fault assigned to the injured party, that amount will be reduced from the damages they will actually recover. So if a person was found 99% at fault for an accident, their compensation would be reduced by 99%.
Since determining fault in an accident can be somewhat subjective, an injured party runs the risk of taking more blame than necessary. This is especially common as it will be an insurance adjuster who initially assigns this percentage of fault. That is why it is so important to seek the help of an experienced accident lawyer in Florida, who can negotiate with the insurance adjuster on your behalf and make sure your rights are represented throughout the claims process.
Florida Negligence Law – No-Fault System
Under Florida negligence laws, Florida also follows the no-fault system. This means that no matter who is found to be at fault for your Florida car accident, your insurance carrier should still cover your bodily injuries.
The coverage that helps to pay for other types of financial burdens, such as medical expenses and lost wages, is Personal Injury Protection (PIP). In the state of Florida you are required to purchase some of this coverage. When your injuries are severe; however, you have the right to seek damages from the other party through a Florida personal injury claim.
How an Accident Lawyer in Florida Can Help
Since each state has different laws in place concerning negligence and the amount of damages that can be recovered, it is always in your best interest to consult with an accident lawyer in Florida to address your unique case.
Not only does an experienced Florida accident attorney understand the laws of negligence and personal injury but they can advise you on the best way to proceed with your Florida car accident claim.
Contacting an Accident Lawyer in Florida
Palm Beach injury attorney Theodore Babbitt has spent years building his practice and growing his network of trusted colleagues and well-respected lawyers. Simply fill out our online form for Florida injury victims, and Mr. Babbitt will personally review your story to see if you have a valid personal injury claim. He will then put you in touch with the accident lawyer in Florida best-suited to handle your case. There is no cost to get started – 1-877-751-8087.