Understanding Florida’s Comparative Negligence Laws

You are harmed in an accident that you believe was caused by another person or entity’s misconduct or error. You may be wondering if you are able to recover compensation for the losses you suffered. Because each state has its own rules for determining liability, your ability to recover compensation can vary depending on the details of your accident experience and where it happened. A personal injury attorney can evaluate your accident and advise you on the potential ways that you may be able to obtain the monetary compensation you need.

In Florida, injured parties can have their accidents reviewed by a Tampa personal injury attorney at Fulgencio Law. The legal team at Fulgencio Law is not only experienced in personal injury law but aggressive in fighting on behalf of their clients to get the most desirable results possible.

Determining Liability after an Accident in Florida

Florida’s comparative negligence laws say that anyone injured in an accident can recover compensation for their damages. The amount of recovery will be dependent on how much fault they are determined to have. 

For example, if you were in a car accident in Florida, it may be said that you were 30% liable for the crash happening, and another party that hit you was 70% liable. Even though your actions contributed to some of the reasons the car accident happened, you can still recover compensation. The amount that you would be able to recover would be reduced by 30%, or the amount of liability you had for causing the crash. The other party would be able to recover an amount reduced by 70%.

Though, Florida laws do not always allow anyone who is harmed in an accident the ability to file a lawsuit and have their case adjudicated in court. For a suit to be filed, a victim of an injury accident must have sustained substantial, permanent injuries or death. When there are considerable damages, a victim may have the ability to sue.

By contrast, if the medical threshold for extensive injuries is not met, victims will look to their own insurance for compensation. The idea here is that for injury accidents that are not catastrophic, it is reasonable to believe that damages a victim suffers should be covered under their policy’s limits.

Figuring out what your rights are after an accident and what the laws are that will dictate your ability to recover compensation, as well as the process of doing so can be complicated. It can also be stressful, especially when your focus must be on recovering from your injuries and getting better. An attorney can take some of the heavy legal burdens off of your plate while also providing informative legal guidance throughout the entire process from start to finish.

Call an Attorney at Fulgencio Law Today

If you have questions about your ability to recover compensation after an accident in Florida, the attorneys at Fulgencio Law have the answers. Call Fulgencio Law today at (813) 463-0123. You are welcome to schedule a free initial consultation to go over your concerns and have your accident reviewed by a knowledgeable Tampa personal injury attorney.