Do I still have a personal injury claim for a car accident in Florida if I am partially at fault?
Hi, I’m Mike Hancock with Hancock Injury Attorneys and today I want to answer a question that we frequently get: do I still have a personal injury case if I was partially at fault for causing a car accident. The answer to that is yes.
In Florida we follow what is known as a “pure comparative fault theory.” What that means is that even though you might be partly at fault you still have a claim, but your ultimate recovery will be reduced by the percentage of fault that is either agreed upon or found by a jury. So in theory you could be 10% at fault, 50% at fault or you even could be 75% percent at fault and you could still have a valid personal injury claim for your car accident. But your recovery would be reduced by the amount of your negligence that is either agreed upon by the attorneys and the insurance adjusters or ultimately determined by a jury at a trial of your case.
I hope this helps. If you have any more questions I’d be happy to answer them if you want to give me a call. Please call me, Mike Hancock at 813-915-1110.