Anyone involved in a Tampa car accident must understand how comparative negligence affects them. Under Florida’s comparative negligence statute, a car accident victim can recover compensation even if they are partially at fault for the accident.
It can be difficult to determine the share of fault for a car accident, especially if both parties are partially to blame. Hiring an experienced Tampa car accident lawyer lets you focus on your recovery. Let your legal team worry about comparative negligence and fight for the compensation you deserve.
What Is Comparative Negligence?
The legal term “comparative negligence” refers to the portion of fault each motorist has in an accident and how that portion of fault affects their potential financial recovery. The court may reduce compensation if someone is partially responsible for a car accident in Tampa.
To illustrate comparative negligence, consider this example:
- A motorist is speeding and runs a stop sign
- Another motorist is not speeding but also violates the right of way, proceeding through the intersection when they shouldn’t
- The two motorists collide.
Both of these motorists did something that contributed to the accident. However, the fact that one motorist was speeding could make that motorist more liable than the other. For instance, the court may rule that the speeding motorist is 70% liable for the accident, while the other motorist is 30% liable.
Under Florida’s comparative negligence statute, the motorist who is 30% liable for the accident can only receive compensation for 70% of their damages. Therefore, the court will deduct the motorist’s 30% share of liability from their recoverable damages (100%-30% = 70%).
In this example, if the non-speeding motorist had $100,000 in damages, they would only be eligible to recover $70,000.
What Florida Statute Governs Comparative Negligence?
Florida’s stance on comparative negligence is governed by Florida § 768.81, which states that:
“In a negligence action, the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.”
Florida Recently Altered Its Comparative Negligence Statute
Per the Florida Governor’s Office, car accident victims who are more at fault for their own injuries cannot no longer recover damages from the other at-fault party. This change could affect your case, but it does not fundamentally alter the state’s comparative negligence policy.
If you were in a Tampa car accident and were partially at fault, you could still get compensation for your damages. An attorney from our firm can review your case at no cost today.
How to Seek Compensation After a Tampa Car Accident
Every car accident victim in Tampa deserves justice. Even if you are partially responsible for causing your accident, you may still be entitled to a substantial financial recovery. Hiring an attorney is a sure way to seek the money you deserve.
Once you hire legal representation (which we encourage you to do as soon as possible), your attorney can manage every step of your case while protecting your rights. In the meantime, you should:
- Get medical attention: Even if you received medical attention immediately after your accident, consider getting a second opinion. If you do not have a detailed diagnosis of your injuries or a thorough treatment plan, you should seek medical attention again.
- Be wary of making any statements: Car accident victims sometimes hurt their cases by making on-the-record statements. This is especially true if you are partially at fault for the accident, as you may give the impression that you are solely responsible. Speak with an attorney before making any recorded, written, or in-person statements.
You should not speak with anyone involved in your accident either, as these parties may also use your words against you.
An Attorney Can Fight for Your Financial Recovery—Even If You’re Partially Responsible for the Car Accident in Tampa
Your legal team can work to secure the compensation you deserve by:
- Investigating the details of your Tampa collision
- Determining your share of fault for the accident
- Calculating the total cost of your damages
- Calculating what percentage of your damages you should be compensated for
- Discussing the share of fault with insurance companies, who may assign blame differently than we do
- Documenting your accident-related damages
- Negotiating a settlement with insurers
- Taking your case to court, if necessary
Many car accident victims are partially responsible for their accidents. Our attorneys have years of experience with comparative negligence and know how to accurately assign fault for an accident.
Recoverable Damages in a Tampa Car Accident Case Involving Comparative Negligence
Whether you share fault for the accident or not, we must determine your recoverable damages. An attorney can identify every type of damage you have suffered, such as:
- Medical expenses
- Mental health treatment costs
- Lost income
- Diminished earning power
- Vehicle repair costs
- Other property costs
- Pain and suffering
Every car accident case is unique, and your attorney can work with qualified experts to calculate the exact amount of money you deserve. If your case involves comparative negligence, we’ll adjust the calculation accordingly.
Our Fee Structure Also Benefits You
It’s likely that you are already facing financial uncertainty—that’s why we use contingency fees. You won’t pay anything when you hire our firm, and our attorneys will only receive a fee if we win your case. There’s no fear of financial harm when you hire our legal team in Tampa.
Contact the Law Offices of Anidjar & Levine Today for Your Free Consultation
Don’t wait too long to speak with our team. We want to begin collecting evidence as soon as possible, and there is a filing deadline for most personal injury cases—including car accident cases in Tampa.
To learn more about comparative negligence and how it affects your case, contact the Law Offices of Anidjar & Levine for your free consultation. When you talk with us, there are no obligations, so reach out now.
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