When two or more people contribute to a car accident, it can be challenging to understand who is responsible for compensating whom. A car accident lawyer in Fort Lauderdale can clarify this complicated legal situation. An attorney can also help you fight to have fault apportioned fairly, preventing your case from being undervalued.
Comparative negligence in car accidents does not have to prevent you from recovering damages, depending on the percentage of negligence attributed to you. Comparative negligence is complex, but a car accident lawyer serving Fort Lauderdale can provide valuable legal perspectives regarding your case.
The Role of Comparative Negligence in Car Accident Cases
Florida Statutes § 768.81 explains how comparative negligence in Fort Lauderdale car accident claims works:
- The court will divide the fault for the crash among all liable parties on a percentage basis.
- The court will diminish any compensation awarded to you by your assigned percentage.
- If any party bears over 50% of the blame, they cannot recover any damages.
Your lawyer will listen to your version of events and speak to witnesses to understand the events that led to the collision. Then, they will review official reports and independently investigate the accident.
Examples of Comparative Negligence in a Car Accident in Fort Lauderdale
Comparative negligence laws in Fort Lauderdale can be difficult to understand. However, the following examples will help you comprehend how two drivers can contribute to one car accident:
- Driver A was speeding and struck Driver B’s car in an intersection. However, Driver B ran a red light.
- Driver A rear-ended Driver B’s car. However, Driver B did not have functioning taillights.
Your car accident attorney in Fort Lauderdale will weigh the evidence and each driver’s actions to assess your degree of negligence and fault.
What Happens When Two Drivers Share Fault for a Florida Car Accident
Two crucial aspects of hiring a Fort Lauderdale accident attorney are their ability to fight for the total value of your recoverable damages and limiting how much fault the court apportions to you.
If you contributed to the accident, here is what a reduced monetary award could look like:
- If the court awards $500,000 in compensation but finds you 25% at fault, it will reduce your award to $375,000.
- If the court attributes 45% of the fault to you, that same $500,000 compensation will be reduced to $275,000.
These possible reductions make knowing what negligence is and how it is apportioned critical to understanding comparative fault in Florida and its impact on your claim. Your lawyer will work hard for an accurate finding of fault that minimizes your potential damage reduction.
The Legal Elements of Negligence in Car Accident Claims
Legal liability in car accidents is established by proving the elements of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
You do not have to prove or apportion negligence alone. Your lawyer will be familiar with Fort Lauderdale’s negligence laws and the requirements for proving negligence.
How Evidence Proves the Negligence that Led to a Car Accident
Your car accident report will contain narratives, diagrams, and police-generated photos and video that capture crucial details about the accident’s causes and contributing factors.
Your legal team will obtain it for you as well as additional evidence to prove negligence in your car accident claim, such as:
- Medical records and bills
- Employment history records
- Photos of your injuries
- Photos of both vehicles
- Accident reconstruction report
- Lay witness statements
- Expert witness statements
Your Fort Lauderdale personal injury attorney will collect and organize the evidence your case needs. They will also present it to the at-fault party and their representatives, leveraging it to lead your case to a settlement versus a trial.
What You Should Know About Recoverable Damages for Car Accident Victims
A car accident can have a costly and long-lasting monetary impact on its victims. However, the financial burden should fall on the person or persons whose negligence caused the accident. Accordingly, you can request the following forms of compensation:
- Economic damages: Current and future medical bills, required medical devices, in-home medical support, lost income, lost earning ability, car repair bills, replacement costs for a totaled vehicle, and diminished value for your car.
- Noneconomic damages: Physical disfigurement or impairment, physical pain and suffering, mental and emotional turmoil, and diminished quality of life.
When applicable, surviving families can recover funeral and burial expenses after a fatal accident. Additional wrongful death compensation includes the loss of a loved one’s financial support, contributions to the family, and loss of care, companionship, and consortium.
Car Accident Laws in Florida Include a Statute of Limitations
According to Florida Statutes § 95.11, you generally have two years to file a personal injury or wrongful death lawsuit after a car accident. While comparative negligence can reduce your potential compensation, not filing your lawsuit on time could eliminate your opportunity to recover any money.
The court will likely dismiss your lawsuit if you miss the filing deadline without ever hearing its merits. If that happens, the insurance company will have no incentive to increase a lowball offer, and you risk not getting the compensation you need to cover your accident-related bills.
Please don’t risk your potential lawsuit and financial recovery by missing or misinterpreting the filing deadline. A car accident lawyer can help you understand and comply with the statute of limitations for car crash claims in Fort Lauderdale.
Get Help Pursuing Compensation for a Fort Lauderdale Car Accident
Were you or someone you love injured in a recent car accident in Broward County? If so, the Law Offices of Wolf & Pravato can help you get financial compensation. Even if you were partially at fault for the collision, our car accident lawyers serving Fort Lauderdale can provide legal perspectives on comparative negligence and its effect on your case.
Find out how you could still recover damages for your car accident. Call (954) 633-8270 today to speak with our consultation team.
