Can You Recover Money if You Were At Fault in a Florida Accident?

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If you’ve been involved in an accident in Florida and are partially at fault, you might wonder, “Can I recover money if I was at fault?” Here’s what you need to know.

In Florida, you can recover money if you were partially at fault for an accident, as long as you are 50% or less responsible under the state’s modified comparative negligence law. Your compensation will be reduced by your percentage of fault.

Understanding how fault impacts your ability to recover compensation is crucial. Below, I’ll explain Florida’s negligence laws, how they apply to shared fault, and what you can do to protect your rights and maximize your compensation.

How Does Florida’s Modified Comparative Negligence Law Work?

Florida’s modified comparative negligence law allows you to recover damages if you are 50% or less at fault for an accident. Compensation is reduced by your percentage of fault.

Example 1: If you are found 20% at fault for an accident and your damages total $100,000, you would recover $80,000 (a 20% reduction).
Example 2: If you are found 51% or more at fault, you cannot recover any compensation.

Quick tip: Working with an experienced attorney can help you challenge fault assignments and protect your claim.

What Damages Can You Recover if You Are Partially at Fault?

Even if you share some responsibility for an accident, you may still recover both economic and non-economic damages, including:

Type of Damage	Examples
Economic Damages	Medical bills, rehabilitation costs, lost wages, and property damage
Non-Economic Damages	Pain and suffering, emotional distress, reduced quality of life

Quick tip: Document all damages thoroughly to ensure you recover the full value of your claim, even after a fault reduction.

How Is Fault Determined in a Florida Accident?

Fault is determined by evaluating evidence to establish how each party contributed to the accident. Evidence includes:

Police Reports: Provide an official account of the accident and may indicate fault.
Witness Statements: Support claims about what happened during the crash.
Dashcam or Surveillance Footage: Captures the accident in real-time.
Accident Reconstruction Experts: Analyze evidence to determine fault distribution.

Quick tip: Strong evidence can help reduce your assigned fault percentage, maximizing your compensation.

What Steps Should You Take If You’re Partially at Fault?

If you believe you are partially at fault for an accident, follow these steps to protect your claim:

Seek medical attention immediately: Document your injuries and link them to the accident.
Collect evidence at the scene: Take photos of vehicle damage, road conditions, and other relevant details.
Get a copy of the police report: Review it for inaccuracies that may unfairly assign fault.
Avoid admitting fault: Statements like “I’m sorry” can be interpreted as an admission of liability.
Consult an attorney: A lawyer can help you challenge fault assignments and negotiate with insurers.

Quick tip: Never assume you cannot recover compensation without first consulting an experienced attorney.

How Can an Attorney Help You Recover Money if You Were at Fault?

An attorney can help reduce your fault percentage and maximize your compensation by:

Investigating the accident to gather evidence.
Negotiating with insurers to challenge unfair fault assignments.
Presenting a strong case to ensure you recover the full value of your damages.

Quick tip: An attorney can also identify additional liable parties, such as a third driver or manufacturer, to increase your compensation.

Contact a Personal Injury Attorney for a Free Consultation

If you’ve been injured in a Florida accident and are partially at fault, don’t assume you’re ineligible for compensation. With the right legal guidance, you can protect your rights and recover what you deserve.

Call Rosen Injury today at 954-787-1500 for a free, no-obligation consultation. Let us fight for your compensation and ensure fault is assigned fairly.

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FAQs About Recovering Money While at Fault in Florida

Can I recover money if I was 50% at fault?

Yes, under Florida’s modified comparative negligence law, you can recover damages if you are 50% or less at fault.

What happens if I am more than 50% at fault?

If you are found 51% or more at fault, you are barred from recovering any compensation.

How does insurance handle partial fault?

Insurance companies assign fault percentages and reduce payouts based on your assigned percentage. An attorney can negotiate to lower your fault percentage.

Can multiple parties share fault in an accident?

Yes, multiple parties can share fault. Damages are distributed based on each party’s percentage of responsibility.

Does admitting fault affect my claim?

Admitting fault can harm your claim. Avoid making statements about responsibility and let evidence determine fault.

How long do I have to file a claim in Florida?

You have two years to file a personal injury claim in Florida. Acting quickly helps preserve evidence and strengthens your case.

Can an attorney challenge my fault percentage?

Yes, an experienced attorney can challenge fault assignments by presenting evidence and expert testimony to reduce your liability and maximize your compensation.