What if I was partly to blame for the accident?

Categories: FAQs

Florida’s “pure comparative fault” personal injury compensation system does not automatically bar you from winning a lawsuit, even if you were partly to blame for the accident. Once a court determines that more than one party was responsible for the accident, it will assign fault to each party on a percentage basis and deduct a percentage from each party’s damages in exact proportion to the rate of fault.

Suppose, for example, you were 25 percent at fault for the accident, and your damages were $100,000. The court would reduce your damages by 25 percent of $100,000, or $25,000, leaving you with $75,000. You would also become liable for paying 25 percent of the other party’s damages if they filed a counterclaim against you. If the damages were more than $300,000, you could still end up in the hole.


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About the Author: Brian D. Guralnick

Brian D. Guralnick has been successfully representing injured accident victims in Florida since 1993. He has been voted “Best of the Best” personal injury lawyer by the Palm Beach Post for multiple years. If you have been injured in any type of accident, please call Brian and his team 24/7 at 561-202-6673.