Can I Still Recover Compensation If I Am Partially at Fault for the Accident?

Yes, you can still recover compensation even when you are partially at fault for your personal injury. However, your percentage of fault will reduce the amount that you'll be able to recover. In Florida, your recovery is limited to whatever percent you were negligent. For example, for 25% negligence, your damages decrease by 25%.

Personal injury cases cover a broad range of potential events. According to the law, individuals can be held responsible if their negligence or reckless behavior caused another person's injury or property damage. Theoretically, that sounds simple. However, accidents are often the result of several factors and injured individuals share some amount of responsibility. Although they might still receive monetary compensation, the amount can vary considerably.

In cases where both parties share some amount of responsibility, the comparative negligence theory will be applied. A judge or a jury will determine the percent of fault each had in the accident.


Once the percent is established, the total compensation the plaintiff could receive will be reduced by the percentage of fault. If you were involved in a car accident in Miami with another driver who was under the influence of alcohol, but you were driving over the speed limit, a judge might decide that you are 40% at fault for the accident. In that case, you can still recover 60% of your damages. Of course, if the other driver suffered losses as well, you or your insurance company will have to cover 40% of his damages.

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