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Understanding Florida’s Comparative Negligence Rule

If you’ve been involved in a car accident in Largo, you might be worried about whether you were partially at fault. Florida operates under a “pure comparative negligence” rule, which means that even if you contributed to the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. Understanding this rule is crucial for protecting your rights and maximizing your recovery.

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Under pure comparative negligence, a court or insurance company will assign a percentage of fault to each party involved in an accident.

For example, if you are found to be 20% at fault for an accident and the other driver is 80% at fault, you can still recover 80% of your total damages. If your total damages (medical bills, lost wages, pain and suffering) are $100,000, you would be able to recover $80,000. This applies even if you are found to be more than 50% at fault. For instance, if you were 70% at fault, you could still recover 30% of your damages.

The challenge lies in the determination of fault. Insurance companies will often try to shift as much blame as possible onto you to reduce their payout. They might use your statements, the police report, or even minor traffic infractions to argue for a higher percentage of your fault. This is why having an experienced attorney on your side is so important.

An attorney will meticulously investigate the accident, gather evidence, and present arguments to minimize your assigned fault and maximize your potential compensation. They can challenge biased police reports, interview witnesses, and, if necessary, work with accident reconstructionists to present a clear picture of liability.

Florida Advocates has 26 combined years of experience fighting for policyholders against insurance companies, recovering over $100 million for our clients. Our seasoned insurance dispute lawyers understand the intricacies of Florida’s comparative negligence laws and how to defend our clients against unscrupulous insurance company tactics. We are dedicated to ensuring the best recovery for our clients by leveraging our in-depth knowledge and expertise.

Worried about shared fault in your Largo accident? Florida’s comparative negligence rule is complex. Get clarity on your rights. Call Florida Advocates today at 754-290-3803. Don’t let partial fault prevent your recovery. Discuss your Largo accident with an attorney who can protect your compensation.