Video: Florida Comparative Fault Law Changes

Question:

What if I am at fault in an accident?

Answer:

Comparative fault (in Florida) means that if you're involved in an accident, whether it be a motor vehicle accident or slip and fall or trip and fall, and you are found a portion at fault for that, by the jury (if the case goes to trial), then your damages are reduced by that percentage of faults. So, if you're given a $100,000 and you're found 50% of fault, you get $50,000. Well, the new law that has been recently changed in 2023 says that now, if you are 51% in fault or more, you don't get any money. If you are worried about if you are at fault, do not admit fault and consult a personal injury attorney right away. You'll want to hire an attorney who specializes in personal injury to review your specific situation. The law firm of Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A. is ready to help guide you through your unique legal situation.

Question:

What if it is not clear who is at fault in my accident?

Answer:

There are attorneys out there who may not take your case because they may be scared that you could be found 51% at fault where it's not a clear red light, green light issue. The attorneys of Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A. are not scared with respect to that. We'll still look in your case and take your case if it has merit, because we understand if we litigate a case against an insurance company, they're likely to pay us before the trial ever happens. So, we don't worry too much about the comparative fault issue. Ideally, you want an attorney who will be able to litigate and try your case if necessary when you feel you may be partially at fault. Many do not realize the importance of it, but make sure someone is representing you and your interests throughout this process because insurance companies do not do that. If you have any legal personal injury questions, our attorneys are always happy to answer any questions that you might have with a free consultation. We are just a call at 239-500-4878 or a CLICK away to help you with an attorney consultation.

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