Partial Fault for a Florida Automobile Accident

car-crash-insuranceAutomobile accidents are prevalent here in Florida. As it turns out, automobile accidents are one of the leading causes of injury and death in Florida. Are you a victim of such an accident at the fault of another person? If so, are you hesitant on initiating a claim because you may have been partially at fault for the accident? True, this would be a huge problem in Alabama, Maryland, North Carolina, Virginia, and the District of Columbia because these states follow the “Contributory Negligence” rule. Per said rule, an injured person (“Plaintiff”) will not recover from the at-fault driver (“Defendant”) if Plaintiff was at fault to any degree. Fortunately, this rule does not apply in Florida.

It is critical that you hire an experienced attorney for your case. The personal injury and accident attorneys at Gerson & Schwartz PA are here to help. Our experience spans over 43 years with significant results at both the trial and appellate levels. We have successfully represented injured drivers and passengers in every imaginable automobile accident scenario.        

Florida’s Pure Comparative Fault

Florida follows a “Pure Comparative Fault” rule of law.  In essence, this rule allows an accident victim to recover damages even he or she is partially at fault for the accident. So, for instance, Plaintiff may recover even if he or she was 40%at fault. Nevertheless, although eligible for recovery, it will be reduced by the Plaintiff’s degree of partial fault.

Pretend that you are in an accident with a tractor-trailer. You were texting at the time of the accident and it is determined that you were 30% at fault. Suppose the case makes it to trial and the court awards you $100,000 in damages. This will be apportioned to your degree of fault: 30%. Therefore, you will be awarded $70,000. Again, this outcome is much better than recovering $0.00 as would occur in various other eastern states.

Statute of Limitations

Automobile accidents are most often settled outside of court. Defendant’s insurance carrier will normally provide a settlement on the case. Nevertheless, automobile accidents sometimes make it to court. In Florida, as well as other states, there is a limited amount of time you have to file your case with the courts. This limitation period is called the statute of limitations. Florida has a four-year statute of limitations period for automobile accident case. If, however, the case is against the state or state entity, the limitations period is three years. The time clock starts ticking on the date of the accident. It is important that you strictly adhere to these limitations rules. If you fail to file your case with the court within the limitations period, you are most likely barred from a later filing.  

Hire an Attorney for Your Accident Case

It is important that you hire an experienced personal injury attorney for your case. The personal injury law firm of Gerson & Schwartz, PA is located in Miami, FLorida. Our lawyers arehere to help. If you or a loved one has been seriously injured, contact our attorneys for a FREE consultation. By hiring a qualified attorney you will be taking an important step to ensure your legal rights are protected. Se Habla Espanol.

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