Video: What is Comparative Fault?

Question:

What if the insurance company is trying to blame me in my accident?

Answer:

That is called comparative fault. It arises in situations where an insurance company might be trying to argue that the injured party is to some extent responsible for their own injuries. They put a percentage of fault on the plaintiff or the injured party in the lawsuit.

There been some recent changes in Florida law with respect to comparative fault. Most significantly the law now is such that if a plaintiff or injured person is found fifty one percent or more at fault by a jury, they don't get to recover for their damages. Insurance companies, as you can imagine, have been trying to take advantage of that change in the law. So, the answer on what to do if the insurance company is trying to blame you in an accident is: you must consult with a personal injury attorney. You'll want to hire an attorney who specializes in personal injury to review your specific situation. Once you hire the best attorney for you, that firm should deep dive into your case and perform a thorough investigation.

Question:

What is at stake if they find me at fault for my accident?

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 injury that should warrent a recovery. But, if you are found more than 50% at fault you lose this recovery option. That is why it is imperative you find an attorney who will be able to research the case to defend the accusation that you were at fault, and be able to litigate your case in a trial if necessary. You need an attorney who understands personal injury, the SW Florida legal system and has the experience to try your case when 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 or a CLICK away to help.

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