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Comparative Negligence in Florida (Part B)

After a Florida accident results in serious injury, a Florida personal injury claim may be filed to potentially recover compensation for the damages you have suffered. In order to recover the full amount of damages to which you may be entitled, you will not only need to prove the fault of the other party, you'll need to prove that you contributed as little to your injuries as possible. This is because Florida follows a comparative negligence system that looks at the degree of fault of all parties involved in an accident when it comes to a Florida personal injury claim.

Your Own Liability and Your Florida Personal Injury Claim

A Ft. Lauderdale personal injury lawyer can work with you from the beginning of your case in the effort to minimize your own liability. Under Florida's pure comparative negligence law, you can be up to 99% at fault for an accident and still recover some amount of compensation. However, your compensation will be reduced proportionately to your degree of fault. So if you are found 90% at fault for an accident, your settlement award will be reduced by 90%.

While this does allow victims at least some opportunity to obtain compensation through a Florida personal injury claim, it underscores the necessity of proving the other party's fault and diminishing your own percentage of fault. While you can attempt do this on your own, working with a Ft. Lauderdale personal injury lawyer who understands Florida's comparative negligence laws can be a huge asset to your case.

Your attorney can evaluate the evidence available and in some cases even call in expert witnesses to help prove the other party's fault in your case. Once you can establish negligence on the part of the person you are claiming damages against, you may be able to recover compensation for your:

  • medical bills (including long-term medical needs and treatment);
  • lost wages (past, present and future);
  • permanent injury;
  • disfigurement;
  • pain and suffering; and
  • mental anguish.

Your Ft. Lauderdale personal injury lawyer can look at the specifics of your case to help you determine what damages you may be entitled to and what amount of damages to seek through your Florida personal injury claim.

How a Ft. Lauderdale Personal Injury Lawyer Can Help

If you've suffered damage because of someone else's carelessness, a Ft. Lauderdale personal injury lawyer can advise you on how to build a solid personal injury claim in Florida. Your Ft. Lauderdale personal injury lawyer will prepare a demand letter on your behalf, which describes the damages you incurred and may continue to incur as a result of the accident and how much compensation you are seeking.

Florida laws change constantly and the insurance company handling your claim will be most concerned with preserving their bottom line. This is why you should have someone with the legal know-how in your corner from the start! Contact Ellsley Sobol, P.L. at 954-888 - 7720 or toll-free 888-258-6914 to speak with an experienced Florida personal injury lawyer who can begin to work on your case right away and represent you at no cost until a recovery is made.

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