If you or someone you love was injured in a car accident, you are likely concerned about the consequences if you were partially responsible for the crash. In many cases, you could still receive compensation, depending on the extent of your involvement. Fault is attributed in percentages, and your assigned percentage will define how much (if any) compensation you can request from the other at-fault driver.
A Florida car accident lawyer can clarify how comparative negligence law impacts car accident claims in Florida. If necessary, an attorney can also help you gather evidence that you did not contribute to the crash and are entitled to compensation for the full value of your injuries and related expenses. Learn more with a free review of your car accident claim and start building your case for financial recovery.
How Florida’s Comparative Negligence Laws Impact Car Accident Compensation
In July 2024, Florida changed its comparative negligence law. Today, Florida Statutes § 768.81 attributes fault and liability in percentage points to each involved driver in an accident. Accordingly, it:
- Prohibits damage recovery if you bear 50% or more of the fault for causing the accident
- Permits damage recovery for the accident if you are less than 50% at fault. In this case, the comparative negligence rule mandates that your compensation be reduced by your percentage of fault. For example, if you are 25% at fault for the accident and have $100,000 in damages, you will receive 75% of that amount, or $75,000.
How fault is distributed among drivers will depend on the role of negligence in causing the crash. Negligence is identified by its legal elements, including the following:
- Duty of care: Each driver’s responsibility to drive safely and according to Florida traffic laws.
- Breach of duty: Any action that causes a driver to deviate from the safe operation of their vehicle. Examples include running a red light or driving under the influence of alcohol or drugs.
- Causation: Establishing a direct connection between the at-fault parties’ actions and the cause of the accident.
- Damages: Documenting the economic and non-economic costs you incur as a result of the car accident and its aftermath.
Your Florida personal injury lawyer will create a strong collection of evidence that identifies and documents each element. Your evidence collection will also prove the monetary value of your recoverable damages.
Damages Your Lawyer Can Help You Seek in a Car Accident Claim
Unless you cannot recover damages due to the degree of fault attributed to you for the accident, the economic and non-economic damages you may recover include:
- Past and future medical bills
- Past and future lost wages
- Loss of future earning capacity
- Vehicle damage or destruction
- Lasting disability or disfigurement
- Physical pain and suffering
- Mental and emotional anguish
- Wrongful death damages, if applicable
Track your medical expenses and the days you cannot work. You should also collect other receipts and documents that prove the accident’s costs.
Evidence That Substantiates Car Accident Claims in Florida
Collecting evidence after a car accident can start at the scene. If your injuries permit, take photos with a smartphone and ask witnesses for their contact information. Additional supportive evidence can include:
- The official police report, which describes the collision’s causes and contributions, the accident scene, points of impact, and witness observations
- Medical records describing your injuries, their extent and severity, and their immediate and ongoing costs
- Employment and salary history records detailing the income you lost and will lose throughout your recovery
- Photos and videos, including of the accident scene, all involved vehicles, road markings, and dashcam, traffic cam, and smartphone video footage
- Official statements, including accident reconstruction, eyewitness recollections, and expert testimonials.
You do not have to collect car accident evidence on your own. If a personal injury attorney represents you, they can help you accumulate the evidence you need and present it to the at-fault party in an organized fashion.
How a Lawyer Can Help You Navigate the Car Accident Fault Law in Florida
Seeking financial compensation after a car accident can be a complex legal undertaking. In an accident with shared liability, it can be even more complicated. When a car accident lawyer represents you, they can:
- Assess and document your recoverable damages
- Canvass for photos and video footage
- Compile the documents that prove your case
- Complete and submit insurance claim forms
- Handle all verbal and written communication with the insurance companies and other involved parties
- Identify how fault is apportioned among drivers
- Negotiate for a favorable monetary settlement
- Provide ongoing updates and progress reports
Your car accident attorney will also fight for complete compensation if you did not cause or contribute to the accident. They will prove the accident’s cause and negotiate for fair compensation that covers all your damages.
The Statute of Limitations Is Another Potentially Complex Car Accident Law
You have a limited time to file a car accident lawsuit in Florida. In 2023, the state shortened the allotted time from its previous four-year status. According to Florida Statutes § 95.11, you generally have:
- Two years from the accident date to file your personal injury lawsuit
- Two years from the date of your loved one’s death to file your wrongful death lawsuit
Failure to file your lawsuit on time could mean you cannot file your suit, the court will dismiss it out of hand, and settlement negotiations may break down. A local car accident attorney can help you avoid these costly consequences.
Get Support for Your Car Accident Case With No Upfront or Out-of-Pocket Costs
Concern about the cost of hiring a car accident lawyer should not prevent you from getting legal support. Car accident lawyers typically accept cases on a contingency fee basis, meaning they will cover all the upfront and ongoing costs of preparing your case.
In lieu of retainers and hourly fees, they will accept a percentage of your recovered damages as compensation. You will not owe any fees if your lawyer does not recover compensation for you.
Call (954) 633-8270 to Learn More About Florida’s Comparative Negligence Laws
If you were injured in a recent accident, you may be able to recover damages even if you were partially at fault. Find out how comparative negligence law impacts car accident claims in Florida and get a free review of your injury claim with the Law Offices of Wolf & Pravato today.
