What If I Was Partially Responsible for My Personal Injuries?
What If I Was Partially Responsible for My Personal Injuries?
Getting into a car crash or any other type of accident in Florida that renders you injured can be a harrowing experience. While you will probably want to hold the other driver accountable for your personal injury and damages, it’s crucial to know that the state follows comparative negligence laws. This means that if you are partially responsible for your personal injuries, your compensation is reduced based on your level of fault.What Does No-Fault State Mean?Florida is a no-fault car insurance state, which means that if you experience a car accident, you would have to go through your auto insurance coverage to compensate you for the damages you have suffered.Drivers must carry personal injury protection (PIP) coverage, which can compensate you up to 80% for your medical expenses, up to 60% for lost wages and loss of earning capacity, and death benefits, which are available at $5,000 per person.What is Comparative Negligence?The state also follows the laws of comparative negligence. This means that if you are found to be at a certain percentage at fault for the accident, you can recover the remaining percentage of the settlement you are seeking.For example, if you were suing for $10,000 for a car accident that occurred when the other driver ran a red light, but you were traveling slightly over the speed limit, you might be found 10% responsible for it. As a result, you would be able to recover $9,000 in compensation if your personal injury claim is successful.When going through an insurance company to recover compensation for an accident, the insurance adjuster may attribute a higher percentage of fault to the person who is not their customer. It’s critical to be on the alert for this situation.What Are the Deadlines for Filing a Personal Injury Claim?It’s essential to file your personal injury claim promptly. The statute of limitations to do so in Florida is four years from the date of the accident or when your injury first became apparent. This is the case for all civil lawsuits. However, depending on the details of your case, you may have less or more time. Talk to your lawyer to learn the deadline that applies to your case.
Photo by Nathan Dumlao on Unsplash
Permanent injuries
Any injuries that render a person disabled due to permanent loss of a bodily function
Injuries that result in permanent disfigurement or scarring
About Crystal A. Davis
Crystal A. Davis was born into a family of attorneys and was raised with a strong sense of justice. During her high school years, she developed a passion for journalism and decided to combine this with her knowledge of the law. She realized that she can make her voice heard to the masses through legal journalism. Crystal is honored to follow and report on any legal case. She shares her analysis in reader-friendly articles. However, over the years, she has become a strong advocate for VA rights and made it her mission to help veterans seek justice.