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Can I Sue For Damages If I Was Partially At Fault In A Car Accident?

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What If I Was At Fault Too?

Our firm gets many calls from real people that feel like they may have some sort of fault in an unfortunate accident but still have damages to their person and to their vehicles. These are honest hard working people who may have made a mistake and ended up an accident themselves feeling like there is no way to get help. In these cases it is important to understand that you may have options available to you. Uninsured Motorist is one option that some may cary, but that has to do with the type of coverage you may have and not everyone has this insurance coverage on their policy.

It Depends On The Evidence

One thing that definitely comes into play is the evidence presented in the case. In any accident case it is easy to come to the conclusion that there are many things we could have done differently to avoid an accident but that does not mean that we were at fault or had fault in the accident. The first thing you need to do is speak to a Miami personal injury attorney in order to get a full assessment of your rights. You need to understand that in every case there must be a full analyses and investigation into the facts of the case. These facts will dictate the true fault and develop a more accurate theory of the case backed up by analyses.

In some cases these theories will need testimony and investigative analyses from crash experts, doctors, engineers, accident reconstruction experts and maybe even private investigators to determine the real course of facts and evidence that may have caused the accident. Many people often make the mistake of admitting fault when they were actually not at fault at all. Remember the other party involved wants the accident to be your fault because they want you liable for their damages. Many times the insurance company wants you to be at fault because they want to avoid paying out as much damages as possible. Never admit fault without speaking to a Miami personal injury attorney, our team of attorneys here at. PereGonza The Attorney’s can help you by offering a free consultation and case evaluation into the particular facts involved with your accident.

Comparative Negligence

In Florida, even if you were partially at fault and the evidence shows that you had fault in the accident there is still a way to file a lawsuit under comparative negligence. The concept of comparative negligence state that the recovery of damages for an injured person may be reduced by their specific percentage of fault.

How Do You Know What Your Percentage Of Fault Is?

The particular percentage allocated to each driver is not set but any specific mathematical equation but rather determined by a set of facts and analyses. Essentially, a jury can decide that one driver is 75% at fault or they can decide that the fault allocated should be 10%. These are things that are exposed throughout the case with a strong legal team. It is always recommended that you consult and work with a Florida personal injury attorney. Our team at PereGonza will make sure that the throughout the course of the case. and trial the facts determine the proper allocation of fault for all the parties involved.

In a trial, many times the insurance companies will argue that victims need to accept their fault in accidents and that everyone must be held liable for their part. On the other hand a skilled Florida personal injury attorney advocating for a victim may argue that the insurance company simply seeks a way to lower the damages they must pay by hinging on any little way they can point the finger to someone else. The facts are the facts and a skilled personal injury attorney can evaluate your case and facts to explain how comparative negligence can affect you.

There are many things that come into play when it comes to a car accident and a personal injury case and theres many things that we must take into account. If you’d like to learn more, you can read our articles on No-Fault insurance and Personal Injury Protection to see how these benefits can affect your case. However, the best thing to do in every accident is to speak with an experienced personal injury attorney to understand your rights. Our legal team at PereGonza The Attorneys is ready to help.

PereGonza Personal Injury Attorneys

At PereGonza The Attorneys, one of our specialties is helping people like you receive benefits from greedy insurance companies.  Our sharp auto accident lawyers and personal injury attorneys can walk you through the process of claiming your rights and understanding coverage along with fault. Help us help you, speak to our team of professionals for a free case evaluation.  We pride ourselves on customer satisfaction and our abilities to find success for our clients!

PereGonza The Attorneys can offer a free consultation and give you insight on what the best course of action for what your specific case may be. Fill out our personal intake form for more information.


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