What If I Am Partially Responsible for the Accident?

Florida has special rules for assigning fault and liability in a personal injury case, especially when the injured party bears some responsibility for causing their injuries. Florida operates under a modified comparative negligence rule in personal injury cases. Under this rule, an injured party may pursue a legal claim against an at-fault party as long as they are not more than 50 percent responsible. If they are found 51 percent or more to blame for the accident, they cannot recover any compensation.

However, the partially at-fault injured party may have their financial recovery reduced in proportion to their percentage of responsibility. For example, if an injured party suffered $100,000 in losses for injuries they bear 25 percent responsibility for causing, they may have their financial recovery reduced by $25,000 to reflect their share of fault.

Because this rule can affect your financial recovery, you should work with a Clearwater personal injury lawyer. They can help you fight back when liable parties and insurers shift some of the blame for your injuries onto you.