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How Does Fault Relate to My Car Accident Case?

man upset in car

Did you know that you might be considered partially at fault for an accident? In Florida, the comparative fault standard is used to determine how damages are awarded.

What is Contributory Negligence?

Contributory negligence is when the plaintiff (the party filing a personal injury claim) also contributed to their own injuries. This means that even if the defendant was primarily responsible for causing the accident, and if the plaintiff also acted negligently, they might not be able to recover full compensation for their damages. A plaintiff can partially be at fault for an injury if the plaintiff did not wear their seatbelt, and it was determined their injuries would be lesser if they had worn a seatbelt.

The court calculates contributory negligence as a percentage value that can later be used to impact the damages awarded.

How Does Contributory Negligence Impact My Case?

If a plaintiff is found to have contributed to their own injuries, the amount of compensation they can recover may be reduced. This means that if the damages were worth $100,000 but it was determined the plaintiff was 20% at fault for their own injuries, they would only be able to recover $80,000 in compensation.

If you've been injured in a car accident, it's important to speak with an attorney to understand your options. An attorney can help advocate for the best possible outcome in your case and may be able to help you recover more compensation than you would on your own, even if you are found partially at fault for your injuries.

Ever Argued With a Woman?

At Advocate Law Firm, P.A., our experienced personal injury attorneys understand the intricacies of contributory negligence and can help guide you through your car accident case. If you or a loved one was involved in an accident, our attorneys can help you seek the best possible outcome for your case.

Contact us by calling (863) 644-5566 for a free consultation to discuss your options and how we can help you recover the compensation you deserve.