Injury Litigation in Stuart
Am I at fault?
Determining who is at fault is a key element in personal injury claims. There are laws in place that limit the amount an injured party can claim depending on how much each party was at fault, including the victim.
In the state of Florida, personal injury victims must be able to prove that the person or party who caused the accident or injury was truly negligent. In order to make a personal injury claim, you must be able to prove:
- The negligent party had a duty not to injure you.
- There is a direct link between the negligent party's duty and your injury.
- You have suffered bodily harm.
The person or party at fault depends on where the accident or injury occurred:
- Car accidents — Typically, a police officer will be called to the scene and will be able to determine who is at fault.
- On a property — If the property was not maintained well or was poor built, the property owner would be liable.
- Defective product — If you were injured due to a defective product, the manufacturer and/or the seller of the product would be liable.
Depending on how you have been injured will decide who determines the negligent party. In some cases, it may be a police officer, a judge, or an insurance adjuster.
Comparative Negligence
In addition, Florida has a comparative negligence law. This law determines the percentage in which any party was at fault for the accident. In other words, if any of your actions were deemed to be careless or you are partially at blame, then you contributed towards the accident and are partially at fault. The percentage of carelessness that you portrayed will affect the amount you can claim for your settlement.
The Florida personal injury rules for joint liability have the following determinations if you are partially at fault:
- If the other negligent party is 10% or less at fault, he/she is not responsible to pay any settlement.
- If the other negligent party is between 11% and 25% at fault, he/she will be responsible to pay up to $200,000 towards things such as medical costs and lost wages.
- If the other negligent party is between 26% and 50% at fault, he/she will be responsible to pay up to $500,000 towards things such as medical costs and lost wages.
- If the other negligent party is more than 50% at fault, he/she will be responsible to pay up to $1,000,000 towards things such as medical costs and lost wages.
If you are determined to not be at fault:
- Any other party between 10% and 25% at fault will be responsible for up to $500,000.
- Any other party between 26% and 50% at fault will be responsible for up to $1,000,000.
- Any other party more than 50% at fault will be responsible for up to $2,000,000.
