Am I Permitted to Sue Even if I’m Partially at Fault?
YES! Florida qualifies as a “pure comparative negligence” state, which means that you are entitled to recover any damages for which you are not at fault. For example, if you turned in front of oncoming traffic for which it is determined that you are 15% at fault but the other vehicle was traveling at a high rate of speed and is assigned 85% fault, you are entitled to recover 85% of your damages for which you are NOT at fault.
Comparative negligence is applicable in many personal injury and wrongful death claims. This is commonly seen in the case of automobile collisions where one party attributes a certain percentage of fault to the other on the grounds that they were also violating a law such as speeding, improper lane change or no headlights. The jury has the last word as to the apportionment of fault if the parties do not reach a settlement. The amount the injured party receives in damages is typically pro-rated by any proportion of fault in the damages claimed. For example, if an injured party claims $10,000 in damages but is found to be 30% at fault, the injured party receives 70% of their damage claim ($7,000) from the other party.
Comparative negligence is commonly used by insurance companies to attempt to reduce the money they rightfully owe. The insurance companies often try to assign a certain percentage of fault to the claiming party. Unsurprisingly,insurance companies even attempt to assign fault to a vehicle that was rear-ended by one of their insured vehicles.
Gruber & Gruber has the experience necessary to represent you in these types of cases, and is dedicated to the highest degree of client representation. Call us for a FREE Personal Injury consultation today!
This article is written by Florida attorneys and only considers Florida law in place at the time of publication. This article should not be relied upon as a substitute for legal advice and one should always consult with an attorney in their state before making any legal decisions.
At Gruber Law, PLLC, we take pride in serving our clients with compassion, competence and creativity. After all, we’re all unique. It takes a special comfort and confidence to trust someone to handle protecting one’s family and possessions. We appreciate being that person for so many families. If you are interested in coming in for a consultation, do not hesitate to contact us at (305) 665–8888.