How Florida’s Modified Comparative Fault Rule Impacts Bradenton Car Accident Claims
Getting hurt in a Bradenton car accident is stressful enough. Finding out the other party is blaming you for what happened makes the situation even more challenging. In these cases, it’s important to understand how Florida’s modified comparative fault rule applies.
This rule can directly impact the total amount of compensation you can recover, and in some cases, may bar you from recovering anything. Our experienced Bradenton car accident lawyer breaks down how comparative fault works and what it means for your injury claim.
How Florida’s Modified Comparative Fault Rule Impacts Car Accident Victims
Florida made a significant change to its fault laws in 2023. Under Section 768.81 of the Florida Statutes, the state shifted from pure comparative fault to a modified comparative fault system.
Previously, you could recover compensation even if you were mostly at fault for a crash. Under the modified system, if you are more than 50 percent responsible, you are barred from recovering any compensation at all. Here’s how that often plays out in Bradenton car accident claims:
- Say you are involved in a collision and suffer $100,000 in damages.
- If you are 20 percent responsible, you can still recover $80,000 ($100,000 minus 20 percent, or $20,000).
- If you are 40 percent responsible, you can still recover $60,000 ($100,000 minus 40 percent, or $40,000)
- If you’re 51 percent responsible, you get nothing, regardless of your damages.
Insurance adjusters are well aware of how comparative negligence applies and often use it to dispute or deny claims.
Florida Comparative Fault and How To Protect Your Rights in a Bradenton Injury Claim
Were you injured in a Bradenton accident? Florida’s comparative fault could affect your rights when dealing with insurers or when filing a car accident lawsuit through the Manatee County Court. To protect yourself, take these steps:
- Call 911 immediately after a crash, wait for officers to arrive, and make sure they complete an accident report.
- Get contact, vehicle, and insurance information for all drivers involved.
- Avoid apologizing or making statements about fault to anyone at the scene.
- Get contact info from witnesses and take photos or video of the vehicles, road conditions, injuries, and anything else relevant.
- Seek medical treatment and follow your doctor’s recommendations.
- Get legal help before giving a statement to the insurance company.
The insurance company’s goal is to minimize what it pays out. Under Florida’s modified comparative fault rule, shifting even a small portion of blame onto you directly reduces their liability. An experienced Bradenton car accident lawyer can push back against those tactics and help you get the maximum compensation you deserve.
Schedule a Consultation With Our Experienced Bradenton Car Accident Lawyer Today
Car accidents in Bradenton can leave you suffering extensive injuries, property damage, and other losses. Unfortunately, the state’s modified comparative fault law could jeopardize your recovery.
At the Lavely Law Firm, our Bradenton car accident lawyer helps victims get the maximum compensation, even when the other side tries to shift the blame. To schedule a consultation, call or contact us online today.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
