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5 Mar

How to Navigate through Comparative Negligence in Florida Car Accident Claims 

By James William

When you are involved in a car accident, it often becomes difficult to prove who is at fault. In some cases, both parties might be at fault and an excellent legal assistance can prove liability. If you are engaged in a car accident, the question of compensation arises and in Florida, the procedure might be different. 

Florida follows a modified Comparative Negligence System, which determines eligibility and amount based on your fault. When both parties share the same responsibility of the case, this clause is actively used. 

Understanding how comparative negligence works can significantly impact the outcome of your car accident case. In this blog, we’ll discuss the intricacies of comparative negligence in Florida car accident claims and ways to navigate through it. 

Continue reading for more. 

What is the Comparative Negligence System 

Comparative Negligence is the legal principle used to determine fault when multiple people contribute to an accident in Florida. Instead of assigning full blame to one party, comparative negligence allows more than one party to be liable.

Two types of comparative negligence system are practiced in Florida. Pure Comparative Negligence states that an injured party can recover damages regardless of their level of fault. Modified Comparative Damage limits the liability to recover damages, based on the percentage of fault. 

Complexities of each law can delay car accident claims to a certain extent. That’s when consulting an experienced Orlando-based personal injury attorney can help determine fault and secure compensation. 

How Liability is Proven in Car Accident Cases 

Evidence plays an integral role in proving the liability in car accident cases. Adequate legal assistance is necessary to establish how each party had contributed to the crash. Following are the various types of evidence that are considered in car accident claims: 

  • Police Reports on the incident 
  • Medical Records 
  • Photographs taken of the accident scene 
  • Accident reconstruction analysis by expert witnesses 
  • Testimonials from medical experts 
  • Surveillance footage of the accident 

How Comparative Negligence Can Affect Your Case

Even though evidence is gathered, the complexities of a particular comparative negligence type can be intricate. Consulting our personal injury lawyer in Orlando, can assist you with the diverse legal documents. 

Insurance Companies often apply the concept of comparative negligence to minimize the amount they have to pay out. In many cases, they may argue that you were partially at fault in order to reduce the compensation amount. 

At Injury Assistance Law Firm, we understand the tactics of how insurance companies can negotiate with you. We will thoroughly analyse and investigate your case and determine the suitable clause for your liability. 

Here’s how our lawyers can help you. 

Role of Personal Injury Lawyers in managing Comparative Negligence

Case Evaluation 

A thorough case evaluation is necessary to prove liability in comparative negligence cases of car accidents. Our experienced lawyers will go through the details of your case and determine the suitable clauses that can be applied. It is necessary to analyse the time, location, state of the parties, and condition of the crash in order to determine the actual liability. 

Gathering Evidence

Gathering the necessary evidence is a crucial step. Our Orlando-based personal injury attorney will ensure that all evidence from the accident site is collected correctly. We will also analyse your medical records and document the necessary evidence. 

Minimizing Fault

Our attorneys will work separately and jointly to minimize your fault. This step is crucial for maximizing your potential recovery. This in return enhances chances of pleading innocence during courtroom representation. 

Negotiation with Insurance Companies

Certain insurance companies tend to lower the compensation amount, thereby depriving liable parties of their actual amount. That’s when an experienced lawyer can assist with proper negotiation. Our lawyers are skilled in the appropriate negotiation process and secure your rightful compensation amount. 

Legal Representation

When negotiations with insurance companies cannot adequately settle the case, our personal injury lawyers in Orlando can help you with courtroom representation. The process gradually progresses through legal proceedings, including negotiation, mediation, and, if necessary, litigation. 

Conclusion 

If you have been involved or injured in a car accident, a comprehensive legal assistance can help you. Attorneys at Injury Assistance Law Firm can help you navigate the complexities of the law and insurance system. We will ensure that the legal policies are applied suitably, without compromising your social and financial wellbeing. 

Don’t suffer alone, let us help you secure your rights.