Florida Car Accident Lawyer

When Florida car accidents occur, many of them involve a situation where one driver is at fault and another is basically free of responsibility for the damage and injuries that result.  However, there are also thousands of Florida car accidents that occur every year where both parties to the crash may be partially to blame for what occurred.  When this situation arises, the person who has been harmed and who feels that he or she is less at fault than the other party should still seek the help of a Florida car accident lawyer.  Below is an explanation of how these situations tend to play out.

Comparative Negligence Described

When Florida car accidents occur where both parties share part of the responsibility and one of the parties files a Florida personal injury lawsuit, the case will fall under the analysis of Florida’s standard for comparative negligence.  Comparative negligence is a legal concept whereby a case can be heard that lays out the evidence, and at the end of the case the court considers how much of the responsibility should be held by each party.  This responsibility is delineated by percentages and is used to decide on damages that should be awarded.

Florida’s Standard for Comparative Negligence

Specifically, Florida follows a version of comparative negligence that’s known as the pure comparative negligence standard.  Under a pure comparative negligence model, the plaintiff in a Florida personal injury lawsuit can file an action and have his or her case heard.  When the case is complete, the court will decide what percentage of fault should be held by the plaintiff.

At that point, the damages that the plaintiff sought will be reduced by the percentage of fault assigned to that party regardless of the percentage of fault assigned.  This is done even if the plaintiff is 99 percent at fault for the accident.  Therefore, if the plaintiff files a Florida personal injury lawsuit after a car accident and seeks $100,000 in damages, the plaintiff will recover a total of $55,000 if that plaintiff is found to be 45 percent at fault for the crash.

How Florida Car Accident Lawyers Can Help

As many would suspect, situations that involve comparative negligence in Florida personal injury lawsuits require the help of Florida car accident lawyers that understand how this legal doctrine works, how to make compelling and convincing arguments and how to present evidence that will be persuasive.  These cases are often decided on these factors.

Therefore, if you or someone you love has been harmed in a crash and you may be partially at fault, you should not hesitate to seek the help of a Florida car accident lawyer who has successfully fought for the rights of clients for many years.  Contact Bernstein & Maryanoff today to schedule a free initial consultation.