When you file a bodily injury claim, you are seeking to be compensated by the insurance company for the other driver who is at fault. This means you must show that the other driver was completely liable for your injuries. In this blog post, we will discuss pure comparative fault and how it works in Florida in the context of motor vehicle accidents.
How do you prove that the other driver is liable for your injuries?
As a claimant, you are usually required to produce sufficient evidence to show that the other driver was negligent or failed to do something that led to your accident or injury, the driver had a duty of care which if abided by, would have prevented your injury, and the driver directly caused your injuries through their negligence.
What happens if you are partially at fault for your injury?
As an injury claimant, you will only get the full amount of compensation for your injury if you can show that the other driver is solely to blame for the accident that resulted in your injuries. In any bodily injury claim, the insurance adjuster will do their best to place some liability onto you. This is one way of reducing your compensation or even denying your claim in some instances. Florida is a pure comparative negligence state. This means that if you were responsible for your accident, your compensation will be reduced by the percentage of fault that can be attributed to you. Under normal circumstances, the at fault driver will be liable for 100% of your claim.
What is Pure Comparative Negligence?
Since Florida is a pure comparative negligence state, if your case goes all the way to trial, a jury will ultimately determine what percentage of fault can be placed on you for your accident and the same goes for the opposing party in your case. For instance, if you were 20% at fault for your auto accident, then your claim would be reduced by that 20%. However, like any other accident, there is no fixed amount of compensation or percentage of fault that is pre-determined. The value of your injury claim will be determined by the intensity of your injuries and the limitations of the insurance policy of the at-fault party.
Hire Our Accident Attorney in Miami Today!
After being involved in a car accident, it is a great idea to hire a car accident attorney who is familiar with handling car accident claims. This is simply because Florida has specific laws that relate to car accidents and you want to make sure you handle your car accident claim in the best manner. Hiring an attorney relieves you from the stress that comes with an accident and allows you to avoid dealing with insurance adjusters. Unless you have a background in insurance, car accident claims can be challenging to deal with. At Suarez and Montero, we have all the answers to your legal questions. We can also assist you in obtaining compensation for your injuries after a car accident if you were a passenger in the accident. Our attorneys are ready to provide proven legal representation and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation! At our firm, our policy is that if you don’t recover compensation, you won’t pay any fees for our services. Not to mention, we also provide free case consultations where we assess the circumstances surrounding your case and give you an objective overview of what steps you can take going forward if you decide to act against the party responsible for your injuries. For over 20 years, we have delivered quality legal representation for people who, through no fault of their own, have been injured in all types of accidents and incidents. We are available 24/7 to give you a free, no risk case consultation. We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.