In 2023, Florida law changed its comparative negligence laws. While the state previously used a pure comparative negligence rule, it now bars financial recovery for those assigned more than half of liability for an accident. A car accident lawyer will review your car accident claim at no cost or obligation to you and investigate your role in the crash.
Changes to the laws can make navigating faults confusing and challenging. Guidance from a car accident lawyer serving Fort Lauderdale can provide the clarity you need to get the compensation you are entitled to recover. Your personal injury attorney’s familiarity with cases like yours and the new parameters of comparative negligence can be invaluable to your claim or lawsuit.
Florida’s Comparative Negligence Laws for Car Accidents Changed in 2023
Insurance companies assign fault for a car accident in percentages. Florida’s comparative negligence laws allow you to recover damages even if you contributed to the crash. Previously, you could recover damages in proportion to your contribution, even if you were more than half responsible for an accident.
However, per HB 837, you can now only recover damages if less than 50% of the accident’s cause is attributed to you. Consider:
- Scenario A: You were sitting at a red light, and another driver rear-ended you. In this case, 100% of the accident’s fault will likely be attributed to the rear driver.
- Scenario B: You were backing out of a parking space without looking when a driver speeding through the lot struck your car. In this case, a percentage of the fault will likely be assigned to each driver.
Per Florida Statutes § 768.81, any compensation will be decreased by the percentage of fault apportioned to you. For example, if 25% of the fault is yours, your settlement will be reduced by 25%. So, if your damages total $250,000, you will only receive $187,500. If 40% of the fault for the same accident is yours, you will only recover $150,000.
If 50% or more of the fault is yours, you will not recover any compensation.
A Personal Injury Attorney Can Take the Confusion Out of Seeking Rightful Compensation
To ensure any portion of fault attributed to you is accurate, your personal injury lawyer will conduct a detailed investigation. They will deal with the responsible party’s insurance company and its adjuster so you can focus on your physical and emotional recovery.
Your legal team will consult car accident experts who support your right to compensation and can accurately define each driver’s actions in relation to the accident.
If you did not contribute to the accident at all, your legal representation can help you refute any allegations that claim otherwise. They may also advise you not to say or sign anything without speaking to them first and to avoid posting photos or comments about the accident on social media.
Navigating Fault in Fort Lauderdale Car Crashes Starts With Investigating the Cause
Investigating a car accident often means reconstructing the accident, speaking to witnesses, building a strong case file, and identifying all causes and contributing factors. Your personal injury lawyer will clarify everything you should know about how fault is shared in your Fort Lauderdale car accident case. A thorough investigation will:
- Confirm the accident’s date, time, and location
- Note the road and weather conditions
- Collect witness statements
- Photograph and analyze skid marks
- Collect debris from the accident scene
- Collect available forensic evidence
- Involve accident reconstruction experts
Accurately assessing car accident liability is key to getting fair compensation. Your Fort Lauderdale car wreck lawyer will investigate the accident and fight for your recovery.
The Importance of Evidence for Fault Determination in Car Accidents
The evidence your lawyer compiles will serve several important roles. It will aim to:
- Prove the accident’s cause
- Prove the value of your damages
- Lead your case toward an out-of-court settlement
- Clarify each driver’s role in causing the collision
Your case file will include evidence such as:
- Police reports
- Photos and videos
- Eyewitness statements
- Expert witness testimony
- Medical bills and records
The lawyer representing you will clarify the legal implications of comparative negligence on car accident recovery. They will collect evidence for you. If you collected any evidence at the accident scene—such as witness names or smartphone photos—share it with your lawyer immediately.
Types of Financial Compensation You Can Seek From the At-Fault Driver in a Car Accident Claim
Whether comparative negligence diminishes your personal injury claim or not, you must understand your case’s full financial value. You can seek economic and non-economic damages, including:
- Medical expenses
- Income losses
- Lost future earnings
- Property damage
- Total property loss
- Disfigurement
- Lasting impairment
- Pain and suffering
- Mental anguish
- Emotional distress
- Wrongful death damages, if applicable
Your motor vehicle accident lawyer will document the monetary value of your personal injury claim with bills, receipts, and other documentation. Getting the value of your potential compensation right is crucial. An initial miscalculation will mean any reduction due to comparative negligence will also be incorrect, possibly leaving you with a lower settlement than you deserve.
A Accident Attorney Serving Fort Lauderdale Can Clarify the Timeline of Your Civil Lawsuit
Just as the comparative negligence law was changed, Florida also changed its personal injury statute of limitations. According to Florida Statutes § 95.11, car accidents now have a two-year (previously, four-year) filing deadline. This change can lead to a costly misinterpretation.
If you do not file your personal injury lawsuit on time, you cannot file it at all, or the court will dismiss it before hearing its merits. This means you will not be able to legally compel the at-fault driver to compensate you. Your car accident lawyer can clarify the filing deadline for your Fort Lauderdale case.
Get Legal Support for Your Fort Lauderdale Car Accident
You may be able to recover damages for an auto accident even if you contributed to it, as long as less than half of the fault is attributed to you. Learn more about navigating fault and the comparative negligence dynamics in a free consultation with our personal injury law firm. Our car accident lawyers serving Fort Lauderdale can help you navigate the legal process.
Your legal claim’s success depends on a thorough investigation and proper distribution of fault. Call (954) 633-8270 to contact our consultation team at the Law Offices of Wolf & Pravato to get started today.
