Frequently Asked Questions

Determining Fault

What determines who was at fault for my accident?

Determining who is at fault for your accident means deciding whose negligence, or carelessness, caused the accident and therefore who if anyone is liable for your injuries and accident expenses. Fault is typically established by looking at the evidence available.

In a traffic accident for example, the person who violated the traffic laws would be at fault. If a driver ignores a red light and crashes into another car, then he or she would be at fault for the accident. Depending on the circumstances, this can be easier said than done, especially when multiple parties are involved that may all share some degree of fault for a single accident.

Since negligence is the basis for a Florida personal injury claim, you and your South Florida personal injury attorney will need to work together to prove the other party’s negligence by presenting evidence that supports your version of the events. This may include police reports, accident reconstruction reports, medical records, and so on.

During your Florida personal injury claim, the insurance companies and their adjusters will assign degrees of fault to all the parties involved in the accident. Your South Florida personal injury attorney can act as your advocate during these negotiations and present evidence that will help you establish as little fault as possible for your accident.

Determining the percentage of fault is one of the most important aspects of your Florida personal injury claim as this will determine your overall settlement amount. If you are found partially at fault for your accident, then that percentage of fault will be deducted from the amount you receive in compensation.

For example, if you were awarded $100,000 but found 20% at fault for the accident, you would only receive $80,000 of that award.

Since determining fault will impact the compensation amount you eventually receive through your Florida personal injury claim, you’ll want to make sure you have an experienced South Florida personal injury attorney working on your side through the claims process.

Contacting a South Florida Personal Injury Attorney

Florida has strict limits on when you can bring a claim against another party so, you shouldn’t wait too long after your accident to file your personal injury claim. It’s always best to schedule a no cost consultation with an experienced South Florida accident attorney.

With Marten | Chiappetta on your side you can focus on your recovery while we fight to obtain just compensation for your medical bills, lost wages, pain and suffering, and other losses. Contact us today at 561-424-7300.


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