“No-fault,” “fault” and “comparative fault” are all legal terms that you are likely to encounter during the course of your automobile accident lawsuit or claim. It is important to understand the meaning of these concepts and how they can apply to your recovery.
Florida is a no-fault insurance state. This means that if you are involved in an automobile accident, you can file a claim with your insurance company for reimbursement of your expenses regardless of who was at fault in causing the accident. Even though you do not have to prove that another party was at fault, there are still many timelines, procedures and other pitfalls that can derail your claim if you do not have the assistance of an experienced automobile accident attorney helping you through the process.
The concept of fault can come into play, however, if you were seriously injured in the accident. If your injury meets the definition of a “serious injury” under the law, then you may be able to sue the at-fault party for causing the accident and injuring you. As the plaintiff in a personal injury lawsuit, it is your job to provide all the evidence and make persuasive arguments that will convince a jury that the other party is to blame for causing the accident.
The defendant in a personal injury case will often respond by trying to shift the blame onto you. Even if they cannot wholly succeed, they will still try to convince the jury that you are least partially to blame. While this tactic will not prevent you from prevailing in a personal injury case, it may lessen the amount you are able to recover. Under Florida’s comparative fault statute, even if the jury decides that you are more than 50% at fault, you can still recover for the other person’s negligence, but your award is reduced proportionately.
Being successful on your personal injury claim requires being able to prove the other party’s negligence or fault while at the same time defending against charges that your own negligence caused the accident or contributed to your injuries. The Law Team of Fetterman & Associates, PA are experienced personal injury attorneys with a track record of success helping auto accident victims recover compensation for their serious injuries. If you or a loved one has been injured in a car accident, contact Fetterman & Associates, PA – The Law Team for a free consultation with a caring, skilled and knowledgeable Florida automobile accident lawyer.
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