Can You File a Personal Injury Claim if an Accident was Partly Your Fault?

No one wants to think about it, but thousands of accidents happen in Florida every day. These include car crashes, slip and falls, and other incidents that result in serious injuries. When one person is liable, or at-fault, for these accidents, they can be held responsible for paying damages for an accident victim’s medical expenses, lost wages, and other losses.

However, there are also instances in which accident victims are partly to blame for their own injuries. For example, a customer in a store may not use the handrail on a stairway. If the stairs were already broken or missing, failure to use a handrail may result in more severe injuries. While the store owner may be at fault, the accident victim may be, as well. So, how does this impact personal injury claims? Our experienced attorney explains in further detail below.

What is Comparative Fault?

Comparative fault, sometimes referred to as comparative negligence, is a tort law principle that assigns a percentage of fault to each defendant when two or more people are at fault for an accident. Staying with the example above, the store may be assigned 80 percent of blame for failing to ensure that their stairs were safe so they did not cause injury. The customer, on the other hand, may be assigned 20 percent of fault for not using the handrail, which could have mitigated the injuries they sustained.

After assigning each party a percentage of fault, any compensation awarded is reduced by that party’s same percentage of fault. Using this example, the customer may be initially awarded $100,000 for their medical expenses and other losses. That initial award would then be reduced by 20 percent, the customer’s percentage of fault. Ultimately, the customer would receive $80,000.

What is the Comparative Fault Law in Florida?

Until recently, Florida followed a pure comparative fault law. This meant that accident victims could still file a claim for compensation against negligent parties even if they were 99 percent to blame for the accident. Although damages would be reduced by the injured individual’s compensation by 99 percent, they could still obtain one percent of compensation.

In March of 2023, though, the law in Florida changed with updates to the Florida Statutes 768.81. Today, accident victims are barred from receiving any compensation if they are 51 percent or more at fault for the accident. While this still allows many victims to file a claim for damages, it makes it much more challenging to receive the full settlement one is entitled to. Comparative fault was always an affirmative defense used by defendants but changes to the law will make it even more common.

Our Personal Injury Attorney in Tampa Can Refute Claims of Fault 

Although the change to Florida law does not bar you from filing a claim if you contributed to an accident, it does make the process much harder. At Moore Law, our Tampa personal injury attorney can refute claims that you were to blame for your injuries so you obtain the fairest settlement possible. Call us today at 813-510-5400 or contact us online to schedule a consultation with our experienced attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html