When you are involved in a car accident in Florida, liability is not always clear-cut and more than one person can be at fault.
In 1973, the state adopted its “comparative fault statute,” allowing a court or jury to proportionately assign negligence for an accident involving multiple parties. In other words, whatever the amount the plaintiff was negligent, his or her recovery will be limited by that amount.
For example, if a jury determines that you were 30 percent at fault for causing a collision, your compensation will be reduced by 30 percent. So if you are awarded $100,000 in damages, you can only collect $70,000.
In order to establish negligence in Florida, the following conditions must be met:
- The party that injured you had a duty not to injure you
- The party breached the duty by acting negligently or recklessly
- The person’s breach caused your injury
- Your injury caused you to suffer damages
When proving that another party was at fault for your injuries, there are several types of evidence that can help your claim. For example, police or accident report provides important details about what transpired. Photos or videos of the accident scene can be used as visual evidence. Medical records demonstrate the severity of your injury suffered by the accident. It would be in your best interest to consult with a qualified and experienced lawyer who can deal with the other party and their insurance company for you.