Understanding Comparative Negligence: What to Expect When Filing a Claim if You Are Partially at Fault

When involved in a car accident, determining who is at fault is a critical component of the legal process. However, not all accidents are clear-cut. In some cases, both drivers may share a portion of the blame. If you find yourself in a situation where you are partially at fault for an accident, it is important to understand how this can affect your claim and what to expect from the legal proceedings. At Aronberg & Aronberg, we are committed to guiding our clients through these complex situations with clarity and professionalism.

What is Comparative Negligence?

In many states, including Florida, the concept of comparative negligence is used to determine the outcome of personal injury claims where more than one party is at fault. Under comparative negligence, each party’s level of fault is calculated as a percentage, and this percentage directly affects the amount of compensation that a plaintiff can recover.

For example, if you are found to be 20 percent at fault for an accident, your compensation would be reduced by 20 percent. If your total damages amount to $100,000, you would be eligible to recover $80,000. The goal of this system is to allocate responsibility fairly based on each party’s contribution to the accident.

Types of Comparative Negligence

There are two primary types of comparative negligence that states may follow:

1. Pure Comparative Negligence: Under this system, you can recover damages even if you are more than 50 percent at fault. The amount you can recover will be reduced by your percentage of fault. For instance, if you are 70 percent at fault, you can still recover 30 percent of your total damages.
2. Modified Comparative Negligence: In states that follow this rule, you can only recover damages if you are less than 50 or 51 percent at fault, depending on the jurisdiction. If your percentage of fault exceeds this threshold, you are barred from recovering any compensation.

Florida tort law was reformed in 2023, so the state currently uses a modified comparative negligence standard. Plaintiffs can only recover damages if they are found to be 50% or less at fault. This is something for you to take into account and discuss with your lawyer when evaluating the value of your injury case.

What to Expect from Legal Proceedings

If you decide to file a claim for an accident in which you are partially at fault, the legal process will involve several key steps:

1. Establishing Fault: Both parties’ insurance companies will conduct investigations to determine the extent of each driver’s fault. This may involve reviewing police reports, examining evidence such as photographs and witness statements, and analyzing the damages to the vehicles.
2. Negotiation with Insurance Companies: After fault has been established, the insurance companies will begin negotiations based on the determined percentages of liability. It is important to remember that insurance companies may attempt to minimize their payout by increasing your percentage of fault. Having experienced legal representation can be crucial during this stage to ensure that your rights are protected and that you receive a fair assessment.
3. Filing a Lawsuit: If a fair settlement cannot be reached with the insurance company, you may choose to file a lawsuit. During this phase, your attorney will gather evidence, interview witnesses, and build a case to demonstrate that your share of fault is as low as possible.
4. Trial: If your case goes to trial, both parties will present their evidence and arguments. The judge or jury will then determine the final percentages of fault and the amount of compensation you are entitled to receive.
5. Appeal: If either party is dissatisfied with the trial’s outcome, they may have the option to appeal the decision. However, appeals are generally based on legal errors made during the trial, rather than simply being unhappy with the verdict.

How Aronberg & Aronberg Can Help

Navigating the legal system can be daunting, especially when you are dealing with the complexities of comparative negligence. At Aronberg & Aronberg, we have extensive experience handling cases where fault is shared. Our team is dedicated to advocating for your rights and ensuring that you receive the compensation you deserve, even if you are partially at fault.

We understand that every case is unique, and we take the time to carefully assess all aspects of your situation. Our goal is to minimize your liability and maximize your recovery, providing you with the support and guidance you need throughout the legal process.

If you are involved in an accident where you may be partially at fault, understanding comparative negligence and how it affects your claim is essential. The legal process can be complex, but with the right representation, you can navigate it with confidence. Aronberg & Aronberg is here to help you every step of the way, ensuring that your case is handled with the professionalism and care it deserves.

Contact us today to schedule a consultation and learn more about how we can assist you in your personal injury case.

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