Lake Worth Beach Personal Injury Lawyers

Life in Lake Worth Beach is vibrant and active, but accidents can occur when you least expect them. If you are struggling with the aftermath of an injury, Donaldson & Weston is here to provide dedicated legal representation. Our personal injury lawyer understands the toll serious injuries can take, from medical expenses to time away from work. We focus on protecting your rights and pursuing the compensation you need to recover. Call 866-349-2912 today to schedule a free consultation and learn how we can assist you in holding negligent parties accountable.

Filing a Personal Injury Claim When You Share Some of the Fault

Accidents are rarely simple. In many cases, more than one person contributes to what happened. If you were injured in an accident in Lake Worth Beach but believe you may have been partly responsible, you might wonder whether you can still pursue compensation. The answer depends on how fault is determined under Florida law and how much responsibility is assigned to you. Understanding the rules surrounding shared fault is essential to knowing your options and protecting your right to recover damages.

How Florida Handles Shared Fault
Florida follows what is called a modified comparative negligence rule. Under this system, an injured person can still pursue a personal injury claim if they are less than 51 percent at fault for the accident. However, the compensation awarded is reduced by the percentage of fault assigned to them. For example, if a jury decides that you were 20 percent responsible for a car accident and your total damages amount to $100,000, you would still be eligible to recover $80,000. If you are 51 percent or more at fault, you cannot recover damages.

Why Fault Percentages Matter
The percentage of fault assigned can make a major difference in the outcome of your case. Even a small change in how liability is calculated can impact the amount of compensation you receive. Insurance companies are well aware of this and often try to shift as much blame as possible onto the injured person. By doing so, they reduce the value of the claim or eliminate it altogether. This is why gathering strong evidence and having clear arguments about fault are crucial parts of the process.

Examples of Shared Fault Situations
Shared responsibility can come up in many different types of personal injury cases. For instance, in a car accident, one driver may have been speeding while the other failed to yield. In a slip and fall, the property owner may have failed to fix a hazard, but the injured person may not have been paying attention. In workplace injuries, both employee and employer conduct may contribute to the event. These examples show that fault is rarely black and white. What matters most is how the evidence is presented and evaluated.

The Role of Evidence in Determining Fault
Evidence plays a key role in proving who was responsible and to what degree. Police reports, photographs, medical records, and witness statements all help paint a clearer picture of what happened. Expert testimony, such as accident reconstruction analysis, can also provide insight into how an incident unfolded. The stronger your evidence, the harder it is for an insurer or opposing attorney to exaggerate your share of responsibility. Having thorough documentation often makes the difference between a fair settlement and a denied claim.

Insurance Company Tactics in Shared Fault Cases
When fault is shared, insurance companies often attempt to maximize the percentage of blame assigned to the injured person. They may argue that your actions were careless or that your injuries were made worse by your own decisions. In auto accidents, they might claim you were distracted, following too closely, or failing to wear a seat belt. In slip and fall cases, they may argue that warning signs were posted or that you ignored obvious hazards. These arguments are designed to reduce their financial liability. Being aware of these tactics is important in protecting your claim.

How Partial Fault Impacts Damages
The financial consequences of shared fault can be significant. Damages in a personal injury case often include medical expenses, lost wages, property damage, and pain and suffering. If you are found partially at fault, the value of all these categories of damages is reduced. For example, if your total damages are $50,000 but you are found 40 percent responsible, you can only recover $30,000. Understanding this impact helps set realistic expectations and underscores the importance of minimizing the percentage of fault assigned to you.

Why Legal Guidance Is Crucial
Handling a claim where shared fault is involved can be complex. A personal injury lawyer understands how to gather the right evidence, challenge unfair claims of responsibility, and present arguments that protect your rights. Attorneys also know how to counter insurance company tactics that attempt to shift blame. By having legal representation, you improve your chances of keeping your fault percentage low and your compensation as high as possible. Without an attorney, you risk being left with far less than you deserve.

Steps to Take After an Accident Where Fault Is Unclear
If you are unsure whether you share responsibility for an accident, it is still important to take immediate action. Seek medical attention right away and follow your treatment plan closely. Report the accident to the proper authorities, such as the police or a property owner. Collect evidence at the scene, including photographs and witness contact information. Avoid making statements that could be interpreted as admitting fault, especially to insurance adjusters. Finally, contact an attorney as soon as possible to discuss your situation and begin protecting your claim.

Understanding the Limitations of Comparative Negligence

While Florida’s modified comparative negligence rule allows many victims to pursue claims even when partly at fault, it does have strict limits. Once fault reaches 51 percent, the right to recover damages is barred. This rule makes it essential to fight hard against inflated fault percentages. Insurers know that if they can push your responsibility just over that threshold, they can avoid paying altogether. Having an experienced lawyer helps ensure that your side of the story is fully represented.

Being partially at fault for an accident in Lake Worth Beach does not automatically prevent you from filing a personal injury claim. Florida law allows recovery as long as your responsibility is less than 51 percent, though your compensation will be reduced according to your share of fault. Because insurers often try to exaggerate liability, strong evidence and skilled legal representation are critical in these cases. If you believe you may have played some role in an accident, do not assume you have no options. By seeking legal guidance, you can protect your rights and pursue the compensation you deserve.

Your Lake Worth Beach Personal Injury Attorney

Serious injuries in Lake Worth Beach can leave lasting challenges, but you do not have to face them on your own. At Donaldson & Weston, our personal injury attorney provides skilled representation designed to help you secure compensation for your losses. We understand the impact an accident can have on your health, finances, and peace of mind. That is why we stand ready to fight for your best interests. Call 866-349-2912 today for a free consultation and let us provide the strong legal guidance you need to move forward.