Can I Sue Even If I Was at Fault?

So many times, a client will come to our offices to find out if there is anything that they can do after an accident where they were partially at fault. Some folks are afraid that if they were somewhat at fault for the accident, then they have no avenue of recovery. But in Florida, that is simply not true.

In any accident or someone is injured, there must be a careful and thorough investigation of the facts and evidence. An experienced personal injury lawyer can conduct an in-depth analysis of the facts and evidence to determine potential defendants and degrees of fault. In some accident cases, the investigation will include employing personal injury experts such as accident reconstruction experts, biomechanical engineers, physicists, human factor experts and/or mechanical engineers.

Only after a full and complete investigation of the evidence and facts can your experienced accident and injury lawyer provide you with opinions as to your potential claims. All too often, a client comes into our office feeling that they are more at fault for the accident than the facts reveal. That is why it is important to have the facts and evidence examined and analyzed by an experienced personal injury attorney.

The Miami personal injury lawyers at Wolfson & Leon are available to discuss the evidence and the facts of your accident. We offer free consultations and all you have to do is call us at (305) 285-1115 to get the answers that you need following any type of accident where you or loved one were injured or killed.

In Florida, you can make a claim or file a lawsuit even if you were partially responsible for the accident. Under the concept of comparative negligence, and injured person’s recovery can be reduced by their percentage of fault. This can be a significant point of contention in any negotiation.

Our Miami personal injury lawyers have represented clients in trials throughout South Florida where one of the main issues was the fault of the plaintiff. Our personal injury litigation attorneys always cover this issue with juries during the jury selection process. We explained to the jury panel that very few things in life are black or white. Rather, much of our lives are degrees of gray. In that same way, the jury will have the option of assigning percentages of fault to both the plaintiff and the defendant in their verdict.

There are no set formulas for deciding the percentage of fault. A jury can assign 99% to one party and 1% to the other. Similarly, they could assign percent of fault to each party. Of course, trial attorneys have tried and true arguments on the issue of comparative negligence.

Insurance defense attorneys will tell juries that everyone must accept responsibility for their actions. Plaintiff attorneys will argue that the defendant is seeking a discount on the total amount of damages owed to their client. “This is often referred to as the “defendant’s discount” and a way to escape responsibility. In a typical personal injury trial, both sides are arguing about responsibility from entirely different perspectives.

In car accident cases involving personal injury, an often-used strategy by insurance defense lawyer is to admit that the defendant was negligent but to also insist that the plaintiff was negligent as well. This opens arguments by the insurance defense attorney that his client is accepting responsibility while the plaintiff refuses to accept any responsibility for the accident which was clearly contributed to by both drivers. This technique can be a very effective in getting a jury to apply some form of defendant’s discount to the total damages.

It is the job of the plaintiff’s attorney to make sure that the jury understands that they are supposed to follow the law and reach a verdict which is supported by the evidence. The trial attorney must make the necessary arguments to ensure that his or her client achieves a full, fair, and complete verdict under the facts of the case.

At Wolfson & Leon, our personal injury lawyers have helped negligence victims get the justice and compensation they deserve since 1963. They can help you too. If you have questions about comparative negligence, just call us. If you had any type of accident and you’re unsure if you’re entitled to make a claim or to obtain any kind of financial compensation, call us and let us answer your questions.

Call us right now at (305) 285-1115 for your free and confidential consultation at our offices in Miami, Fort Lauderdale or West Palm Beach.