Importance of Establishing Percentages of Fault in a Florida Injury Claim
While Florida’s comparative negligence law allows accident victims who partially contributed to their injuries the opportunity to recover compensation, you need to understand how percentages of fault will affect your final award in a Florida personal injury claim.
Florida operates under a pure comparative negligence system which means any amount of fault you are assigned will be deducted from your awarded compensation. That means if you are found 20% at fault for your accident, your compensation will be reduced by 20%. If you were found 99% at fault, your compensation would be reduced by 99% and so on.
You and your South Florida personal injury attorney will need to simultaneously prove the other party’s negligence while diminishing any amount of fault on your part in the accident.
Your Ft. Lauderdale personal injury attorney will help to establish the fault of the other party through the available evidence, but may call in expert witnesses such as accident re-constructionists to help support your Florida personal injury claim.
While your Ft. Lauderdale personal injury attorney will work to help you secure the most compensation possible for your accident and resulting injuries, you need to be 100% honest with your lawyer about the events leading up to the accident as well as the accident itself, what you did after the accident and any other important details.
Your Ft. Lauderdale personal injury attorney can only protect your best interests when they are aware of all of the pertinent facts of the case even those which may be embarrassing to share. If you hide important information about things you said or did following the accident, or withheld medical information that could influence your claim, your lawyer will be at a distinct disadvantage if the other side learns of this fact and brings it up during your settlement negotiations or in court.
Learn more about Florida’s comparative negligence law and how it will impact your claim by visiting our article library.
How a Florida Personal Injury Attorney Can Help
If you’ve suffered damage because of someone else’s carelessness, a Florida personal injury attorney can advise you on how to build a solid personal injury claim in Florida. Your Florida personal injury attorney will prepare a demand letter on your behalf, which describes the damages you incurred and may continue to incur as a result of the accident and how much compensation you are seeking.
Florida laws change constantly and the insurance company handling your claim will be most concerned with preserving their bottom line. This is why you should have someone with the legal know-how in your corner from the start! Contact Ellsley Sobol, P.L. at 954-888-7720 or toll-free 888-258-6914 to speak with an experienced Florida personal injury attorney who can begin to work on your case right away and represent you at no cost until a recovery is made.