The issue of liability is a legitimate concern when considering a lawsuit. Many times people have been involved in a traumatic incident and suffered injuries to their health and property; however, they believe that they did have some fault in the accident. The question is, can a person with partial liability still pursue a claim or lawsuit to recover damages?
The answer lies in the evidence of each incident. In fact, a person who feels that they have partial liability may be less responsible than they think – but unfortunately, they may admit guilt early on in the process. If there is a question as to the degree of fault for each person involved, investigators may use analysis from crash experts, physicians, engineers and accident reconstruction experts to determine how the accident took place and what actually happened.
There are several reasons why determining fault can get so tricky:
- It is always important to remember that each party wants to believe the accident is the other party’s fault, in order to hold that party liable for damages.
- The insurance company benefits if you are found at fault because they are looking to avoid paying out damages if possible.
- If there is any doubt as to full or partial liability, an individual should never admit fault before speaking to an attorney.
Comparative Negligence / Partial Liability
In Florida, the law recognizes the concept of comparative negligence. Comparative negligence is a partial legal defense that reduces the amount of damages a plaintiff can recover, based upon the degree to which the plaintiff’s own negligence contributed to the incident and injury. This statute recognizes, however, that even if the evidence proves partial liability, you may still file a claim or lawsuit. Possible damages will be determined in part by the percentage of fault.
How to Determine Percentage Of Fault
The particular percentage associated with each party is determined by the facts of the situation and analyses of these facts. There is no set equation, and a jury can determine fault in any percentage breakdown. Even if you have partial liability, a strong legal and investigative team can help you to make sure your liability is not overstated by insurance companies or the other parties to the case. The damages and ongoing financial assistance which you are awarded can be significantly impacted depending upon that percentage of fault assigned to you – be it 25% or 75%.
If your situation goes to trial, it is important to have an experienced Florida personal injury attorney advocating for you, as they understand the methods and tactics of insurance companies. A personal injury lawyer also is knowledgeable about precedents in similar cases, and what you should expect given your involvement and liability. In a complex situation with multiple parties, your best chance at fair reimbursement is to have professionals on your side.
The attorneys at Probinsky & Cole have the experience you need to determine if you have any liability in your accident; and if so, what your partial liability may be. With other parties fighting to keep your reimbursement amount low, you need a professional legal expert on your side. They will help to bring all of the relevant resources to bear to make sure that you are properly represented and fairly compensated. If you have been involved in an accident and are not sure where to turn next, call the Sarasota or Tampa offices of Probinsky & Cole .
