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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