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 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 admidt 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 my injuries are not severe enough to pursue a case or if my damages are not very significant?

Answer:

Under Florida law, the law says that you get medical bills, lost wages and then pain and suffering damages. Any sort of injury that's going to limit your enjoyment of your life in any way is a significant enough injury. As an example, we have people come to us sometimes and say, well, I have neck and back pain, but I didn't have any surgery. Maybe another attorney told you they're not going to file your lawsuit. Well, those are significant enough injuries that you have a right under the current Florida law to recover pain and suffering damages, and sometimes those can be significant amounts. Those injuries can be more significant than surgeries. Why? Because those neck and back pains that you can't have surgery on can last a lifetime. Whereas as a surgery may correct something limiting your recovery.

Ideally, you want an attorney who will be able to litigate and try your case if necessary. You need an attorney who understands personal injury, the system and is able to potentially try your case if needed. 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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