What if the accident was partially my fault?


Even if you were partially at fault, you can still receive compensation for your injuries. Florida is a comparative negligence state. Under comparative negligence, an injured person can collect damages to the extent that they are not at fault for their own injuries. If it is determined that an injured person is 25% at fault for his/her accident, and the defendant is 75% at fault, the injured client can collect 75% of their total damages. These damages can include all medical bills and lost wages, together with compensation for pain and suffering, scarring and disfigurement. Often, the extent of the comparative negligence attributed to each party can be compromised between the insurance company and the injured person’s attorney in order to facilitate a resolution or settlement of an injury case. If there are serious injuries or extensive damages involved and the issue of comparative fault cannot be resolved, a jury will ultimately decide the percentage of fault attributed to each party. After they decide on the percentage of liability, they will determine the total amount of monetary damages involved in the accident. Finally, the injured person will recover the percentage of those damages to the extent that the defendant is found to be at fault.



2 comments

Thursday, March 20, 2014
Vanessa B. Harrell:

I slipped and fell at Beall’s Outlet Store at Lake Park Ga.on March 11, 2014 at 5:45 pm. A sales clerk heard me fall but did not see me fall the sales clerk asked was I ok and then she helped me up off the floor she asked again was I alright I said I think so I looked back and noticed that the floor seemed to be very shinny maybe it had been recently buffed I don’t know but after getting up off the floor I continued to shop and after about 10 minutes both of my knees begin to burn and sharp pain was going thru them.

I contacted the sales clerk that helped me and told her that I was having pain in both of my knees and could she fill out an incident report she called the manager over and told her about the accident and what I requested the manager proceded to fill out the report both manager and clerk signed the report.

The next day the pain in my knees were so bad that I had to be taken to the emergency room at South Ga. Med. Center by a family member where I had an EKG due to chest pains, X-ray on both knees and my pelvis. They found extensive bruising on both knees especially on my right knee.

On March 18th I followed up with my personal Dr. and upon examining me he noticed right away the swelling of my right knee so he requested the X-ray results from the emergency room at South Ga Med Center after examining the X-ray from the hospital my Dr. said that he will be sending me for an MRI if the pain persists he prescribed me more pain medication and to take I have a follow up visit on June 17, 2014 at 10:15 AM.

I really don’t know where to go from here I really need some legal advice.

Friday, March 21, 2014
Jason Macri:

Vanessa,

I am sorry to hear about your incident. It is a excellent that you filed a report with the store immediately following the accident. I have asked an attorney to email you immediately to discuss how we may be able to assist you. It is possible that Beall’s Outlet is responsible for your fall as they may be using a very slippery cleaning material which makes the floors unsafe.

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