Comparative Negligence in Boca Raton Car Accident Claims

Car accidents are an unfortunately common occurrence in the area. Comparative negligence in Boca Raton car accident claims ensures that drivers who may share fault for a wreck can still seek compensation. If another driver causes you injury but you are hesitant to pursue a claim because you may share fault, you should discuss the matter with a dedicated car accident lawyer.

It is important to understand how comparative negligence applies to cases like yours. Even if you share up to 50 percent of the fault, you can pursue compensation for damages the other driver is responsible for. If you need help obtaining the compensation you deserve, our experienced car accident attorneys at Your Damage Lawyer are ready to assist.

What Is Comparative Negligence?

Florida employs a legal concept called comparative negligence when it comes to car accident claims. Ultimately, this means that even if you share some of the fault for the car accident, you retain the right to seek compensation for losses the other driver is responsible for.

Car Accident Claim Basics

While no two car accident claims are identical, the same legal basics always apply. To establish fault, you must prove that:

  • The other driver breached the duty of care they owed you by engaging in some form of negligence, such as distracted driving, speeding, or driving while impaired
  • You suffered an injury as a direct result of the other driver’s negligence
  • You suffered legal damages as a result, such as medical expenses, lost income, and physical and emotional pain and suffering

If the other driver’s negligence was the sole cause of the car accident, you can pursue a settlement or court award that addresses 100 percent of your covered losses. The matter of comparative negligence doesn’t apply in that case, but if it’s determined that you do share some of the blame, this legal intricacy will influence the outcome of your Boca Raton car accident claim.

Shared Fault

In Florida, you can file a car accident claim against a negligent driver who caused you injury as long as you share no more than 50 percent of the fault. Even if a percentage of blame is assigned to you, you can still file a claim seeking compensation for your remaining losses.

It’s important to note that assigning specific percentages of fault is a complex legal process. Seeking trusted legal guidance from an accident lawyer as soon as possible is always in your best interest.

How Comparative Negligence Works

The most effective means of explaining how comparative negligence works in a Boca Raton car crash case is by providing a clear example. Imagine you were speeding when a distracted motorist ran a red light and barreled into you at an intersection. If 10 percent of the fault is assigned to you, 90 percent will apply to the other driver.

If the full range of physical, financial, and emotional losses you experienced amounts to $100,000, you can file a claim for $90,000 in damages against the other motorist. This translates to 90 percent of your total damages, or 90 percent of $100,000.

Contact a Boca Raton Lawyer About Comparative Negligence in Car Wreck Claims

Comparative negligence in Boca Raton car accident claims ensures that you can file a claim even if you share up to 50 percent of the fault. Our car accident attorneys at Your Damage Lawyer can further explain the significant role that the outcome of your claim will play in your recovery. We have the legal skill and insight to help, so contact us or give our firm a call today to learn more.