Partial Fault and Comparative Negligence Law in Florida | What to Know.

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With car accidents happening incredibly often in Florida, there are many insurance policies and state laws in place that intend to give victims the compensation they require for their injuries. Read along to discover how the comparative negligence law factors into fault claims and how a proficient Tampa car accident lawyer at Merricks Law Group can help you fight for your personal injury case.

What is the car insurance system in the state of Florida?

The state of Florida follows a no-fault car insurance system. With this, you must have personal injury protection, which covers you, and Property Damage Liability insurance, which covers damages to the other party and their vehicle. So, in the event of a car accident, no-fault car insurance will cover certain damages regardless of whether or not you were at fault for the crash.

This type of insurance will compensate you for your medical bills and lost wages. However, since you are only required to carry $10,000 in personal injury protection coverage, you may use up this coverage quickly if your injuries are severe. If you still have outstanding payments, it is essential to reach out to a skilled Broward County personal injury attorney to help you file a claim and collect the additional compensation you require.

How does Florida define the comparative negligence law?

Florida’s comparative negligence law holds each party liable for the role they played in the car accident. This means that even if you were partially at fault for the accident, you can still obtain compensation for your medical bills and lost wages from the other party’s insurance company. You will not receive monetary recovery, however, if you were solely at fault.

Notably, the amount of compensation you will receive will be reduced to account for your role in the accident. For example, if the jury awards $100,000 in damages, but finds you were 10% responsible for the accident, you’re entitled to 90%, i.e. $90,000. Contrastingly, if you were found to be primarily responsible, at 90%, you are still entitled to 10% of the damages, i.e. $10,000.

How long do I have to file my personal injury claim?

The statute of limitations for a personal injury claim in the state of Florida is generally four years from the date of your accident. This is why it is important that you retain the services of a talented Tampa auto accident lawyer as soon as possible so you do not get permanently barred from filing and so you can receive the financial compensation that you rightfully deserve.

Contact Our Experienced Florida Firm

If you have been injured in an accident due to no fault of your own, you need an attorney who truly cares about your right to heal. Merricks Law Group handles a wide array of injury claims, including injuries sustained in auto accidents, slip and falls, and more. Contact Merricks Law Group today.

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