A big question for car accident victims is, “How much money can I recover for my injuries and losses?” It is certainly a valid question and one that can only be answered after considering both state laws and the role that all parties played in the accident.
Florida operates according to a pure comparative negligence standard. This means that your monetary recovery is based on your percentage of negligence for the accident. For example, if you are found to be 30 percent negligent, your monetary recovery will then be reduced by 30 percent. Your award will be 70 percent of your total monetary recovery because of the negligence you contributed to the accident.
How is negligence established after a car accident?
State law also dictates that negligence can be established when three conditions are met:
- The party that injured you had a duty not to injure you but failed to meet that duty
- The party’s duty was related to your accident
- Your injuries are a direct result of the party’s failure to meet their duty
As much as everyone would like them to be, car accidents are rarely black and white events. Oftentimes, more than one person is at fault, which is the reason for the comparative negligence law. Comparative negligence ensures that all responsible parties carry their part of the blame.
Because your monetary recovery is based on proving negligence, it is important that you secure legal assistance to help you. Attempting to establish negligence on your own can be difficult and may result in recovering far less than you actually deserve.
At Lilly, O’Toole & Brown, LLP, we have been assisting car accident victims for decades and bring a combined 200 years of experience to every case. We are familiar with the nuances of state laws, applying all that we know to further the best interests of our clients. Our team is committed to helping you recover the highest amount of money possible and it all begins the moment you call our firm.