Imagine this: you’re involved in a serious car accident. Let’s further say that following the accident you were found to be largely at fault. Despite this, you face serious medical expenses, sustained injuries that will result in missed time at work, and are facing a lengthy recovery period.
Can you seek damages for your pain and suffering, medical expenses, and lost wages?
The answer is yes. Florida uses the Pure Comparative Fault rule when determining negligence and damages following a car accident.
According to the Cornell University Law School, comparative negligence laws are tort rules that offer guidelines for the distribution of damages following an accident. If both parties in an accident are found negligent, it will be up to the jury to determine fault. While some states require other drivers to be found more than 50% at fault for damages to be awarded, Florida doesn’t impose this restriction.
This means that a person who sustains injuries or damages is entitled to seek recovery for damages even if the injured driver is 99% at fault. In this case, the injured person can recover 1% of the total amount in damages. This means that you can still sue for personal injury, even if you were found to be largely at fault for an accident. An accident lawyer will review the details of your case, determine the value of damages, and then seek the percent in damages for which the other driver is found responsible.
While a 10%, 5%, and 1% recovery may not seem significant or worth your time, think again. Medical bills can result in six, and even seven figure expenses. Rehabilitation for the most serious kinds of car accident injuries can mean lifelong care for some victims. If the damages for your accident go into these high figures, even a 5% recovery could be significant and worth pursuing.
Given Florida’s tort law structure, personal injury victims are wise to speak to an accident lawyer as soon as possible to determine whether it would be prudent to pursue negligent parties. Florida’s statute of limitations law stipulates that injured parties have only 4 years to sue for negligence. While this may seem like a long time, your car accident lawyer may have to perform investigations, you may have to receive expert opinions on your condition, and your case may require a long discovery process. It is important to start the process shortly after the accident takes place to ensure that the case is filed long before the statute of limitations runs out.
Wolfson & Leon, L.L.P offer assistance to car #accident victims in #Miami, Florida. An auto accident can place immense stress on a family and on injured individuals. Medical bills, rehabilitation care, and lost time at work can all place victims in precarious financial positions. Fortunately, Florida law offers remedies for auto accident victims. If you’ve been injured, contact Wolfson & Leon today for assistance in making a claim. For more information visit https://www.wolfsonlawfirm.com/