Fault is a crucial element of negligence. The victim must prove that the other party caused their injury to recover economic and non-economic damages. In other words, the other party was “at fault” for the accident that resulted in the victim’s injuries, financial losses, pain, and suffering.
A personal injury lawyer can help protect your legal rights if you are being blamed for an accident or personal injury. Your attorney provides support, guidance, and sound legal advice. They also analyze facts and gather evidence to build a solid case for liability. This article explains how blame can impact your case and what we can do to help.
Understanding Florida’s Modified Comparative Negligence Law
Florida has a modified comparative negligence law (Florida Statute §968.81) that can affect recovery in accident cases. The legal theory is called comparative negligence because it involves “comparing” a party’s negligence to that of other parties involved to determine a party’s legal liability for damages.
Typically, accident victims in Florida who are 51% or more at fault for causing their accident cannot receive any compensation for damages. For victims with 50% or less liability, comparative negligence may still allow them to recover some compensation.
Suppose you are injured in an accident with another party, and the case goes to trial. If jury members decide you are 55% to blame for causing your injuries, then you will likely not be able to recover any money in your case. However, if they determine you are only 25% responsible, then you may still be able to recover up to 75% of the total compensation award.
How Can I Protect Myself from Being Blamed for an Accident in Florida?
You cannot prevent a party or insurance company from blaming you for an accident. However, you can take steps to protect your rights if they try to. Steps to take after an accident include:
Never Admit Fault
Do not admit fault, including apologizing for the accident. Avoid discussing the accident with anyone other than the police officers or someone taking a report. Stick to the facts of what happened without assigning blame or stating your opinion about blame.
Always Report the Accident
An official report can be helpful when filing allegations of blame in a personal injury case. Call 911 to report traffic-related accidents. Report falls and injuries to property owners and businesses. Ask for a copy of the written report before you leave and review it immediately for accuracy.
Document the Accident Scene
If possible, gather evidence at the accident scene. Take multiple photographs and make a video with your cell phone. Ask bystanders and witnesses for their contact details. Make notes about anything said by the people at the accident scene.
Seek Immediate Medical Treatment
Medical records help prove your injuries. In some instances, medical records can help prove how an injury occurred. See a doctor or go to the hospital as soon as possible.
Talk with a Personal Injury Lawyer
Personal injury lawyers understand the laws governing accident claims. They also have significant experience dealing with insurance companies and opposing counsel. An attorney is prepared to counter other parties’ tactics to minimize or deny an accident victim’s claim. Legal representation early in your case can help you avoid mistakes that could hurt your claim.
How a Personal Injury Lawyer Can Help if You Are Blamed for an Accident
Personal injury lawyers help accident victims protect their rights when at-fault parties, insurance companies, and defense lawyers accuse victims of fault. Shifting the blame to the accident victim is a common tactic to avoid liability for personal injury damages.
Experienced Florida personal injury lawyers can help you if you’re being blamed for an accident by:
- Help you avoid inadvertently harming your claim
- Complete a thorough, independent investigation of the accident to gather evidence proving how the accident occurred
- Identify each party that contributed to the cause of the accident and assess their percentage of fault
- Hire accident reconstructionists and other expert witnesses to provide additional evidence to support your claim
- Analyze evidence and witness statements for inconsistencies regarding the allegations of blame against you
- Respond to defenses that could place the blame on you, such as self-defense laws, comparative negligence, and assumption of risk
- Develop a strong case based on the evidence that conclusively shows the other party is liable for causing the accident
Personal injury lawyers also protect clients from abusive measures used by insurance companies to force a settlement too soon. Your attorney handles all communication with the insurance company, including settlement negotiations.
Contact Our St. Petersburg Personal Injury Lawyers for Help if You’re Being Blamed for Your Accident
Insurance companies use comparative negligence to avoid liability for claims. Companies have one priority—protecting their best interests. An accident attorney has your best interest as their top priority. Call Winters & Yonker Personal Injury Lawyers today at (813) 223-6200 to schedule a free consultation with one of our St. Petersburg personal injury lawyers.