Car accidents are very common and if you get injured during a collision, you will most likely need financial compensation to help you pay for the medical treatments and bills that are definitely going to accumulate in such a situation. In Florida, you will only have to pay for your own injuries as much as you were at fault for the accident
Miami, Florida follows Pure Comparative Negligence laws
Since Florida follows the principle of Pure Comparative Negligence, all drivers are entitled to receive compensation, no matter how much of the accident was their fault. However, they will have their total amount of settlement reduced based on how much of the accident was due to their own negligence. In other words, their final compensation amount will vary depending on the degree of fault they had in the accident.
For instance, if you got into an accident with another driver and the judge decides the accident was 20% your fault, you are still entitled to receive compensation for 80% of the total damages you incurred. So, if you were originally going to receive $100,000 to help pay for your injuries and other losses, you would only receive $80,000 since you hand a 20% role is contributing to your losses.
Joint and Several liability principles
Florida also practices joint and several liability principles. This means that when fault is being determined between many different individuals, more than one individual may be held liable based on the specific nature of the case.
For instance, if there was an accident involving 5 vehicles, an investigation will be done to decide whose negligence resulted in the most damage. Once the investigation is carried out, the following fault distribution structure is generally applied:
- Drivers who are less than 10% at fault do not have to pay damages:
- Drivers who are 10%-25% at fault may pay up to $500,000 in damages
- Drivers who are 26%-60% at fault may pay up to 1 million dollars in damages
- Drivers who are above 50% at fault may pay up to 2 million dollars in damages
Florida drivers are required to carry insurance of at least $10,000 for Personal Injury Protection, so if you have not suffered very intense injuries, your chances of getting a fair amount of monetary settlement to cover the expenses related to all your injuries are significantly high.
Getting in touch with a legal professional
To make sure you do not end up with an unfair percentage of fault attributed to you, and to make sure you are not unfairly compensated, you should contact an accident attorney as soon as possible after the collision. A trained accident lawyer at Orlando R Murillo P.A. can help you with the legalities of your case and can help ensure the correct party is compelled to give you your settlement. Call us today to book an appointment.
You can reach us in our Miami office at:
7350 SW 89th Street,
Toscano Building Suite 100
Miami, Florida 33156
Available by Phone 24/7 – Cell: 305-439-7851