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.