Tamarac Personal Injury Lawyers

If you’ve been injured in an accident in Tamarac, Donaldson & Weston is ready to stand by your side. Our personal injury lawyers represent victims throughout the area, helping them recover compensation for medical expenses, lost wages, and pain and suffering. You deserve a team that understands how to deal with insurance companies and protect your best interests. We offer free consultations to discuss your options and answer your questions. Call us today at 866-349-2912  to get started. You pay nothing unless we win.

How Florida’s Comparative Negligence Law Affects Your Injury Case

After an accident, most people want answers. Who was responsible? Will the insurance company pay? Can you recover compensation even if you played a role in what happened? These questions often come up in Florida personal injury cases, especially when fault is not entirely clear. Florida’s comparative negligence law plays a major role in how injury claims are evaluated and resolved. Understanding how it works can help injury victims protect their rights and avoid surprises during the legal process.

Comparative negligence allows more than one person to share responsibility for an accident. This includes the person filing the injury claim. If you were hurt in a car crash, slip and fall, or other type of incident, your ability to recover compensation depends on how much fault is assigned to you. That percentage affects how much you can recover—and whether you can recover anything at all.

Florida’s Approach to Shared Responsibility Has Changed

For many years, Florida followed a pure comparative negligence rule. Under that system, a person could recover damages even if they were 99 percent at fault, although their compensation would be reduced by their share of the blame. That changed in 2023 when Florida adopted a modified version of the rule.

Now, Florida follows a modified comparative negligence system with a 51 percent bar. Under the current law, you cannot recover any compensation if you are found to be more than 50 percent responsible for the accident. This is a significant change and makes fault allocation even more important in injury claims.

For those who live or were injured in Tamarac , the rule applies just the same. Whether the case involves a car accident on Broward Boulevard or a slip and fall at a local business, determining fault is often the most contested part of the claim.

How Comparative Fault Impacts Compensation

If you are partially at fault, your compensation will be reduced based on your percentage of responsibility. This applies to all types of damages, including medical bills, lost wages, and pain and suffering.

Let’s say you were injured in a collision and your total damages amount to $100,000. If you were found to be 20 percent at fault, you would only be eligible to receive $80,000. If your fault was assessed at 51 percent or more, you would receive nothing.

This rule doesn’t just apply in court. Insurance companies use it during settlement negotiations too. If there’s a dispute about who caused the accident, the insurer may argue that you share some or most of the blame and reduce their offer accordingly. Understanding this rule helps you push back when blame is unfairly assigned.

Examples of Comparative Negligence in Real Cases

To see how this rule works in practice, it helps to look at examples. Imagine a pedestrian is crossing the street outside of a marked crosswalk and is hit by a speeding driver. The driver may be mostly at fault for failing to slow down or pay attention, but the pedestrian could still be assigned partial blame for not crossing at a designated spot. If the pedestrian is found to be 30 percent responsible, their damages will be reduced by that amount.

Or consider a car accident where one driver ran a red light, but the other was texting while driving. Both parties contributed to the collision, and a court may decide to assign each a share of fault. The outcome of the case depends on those percentages.

These situations are not uncommon. In fact, many accidents involve shared fault. That’s why comparative negligence plays such a big role in how claims are evaluated and resolved.

The Role of Evidence in Determining Fault

When fault is disputed, evidence becomes critical. Police reports, photographs, surveillance video, witness statements, and expert testimony all help establish what happened and who was responsible. The stronger your evidence, the easier it is to dispute claims that you were at fault.

In Tamarac and across Broward County, accident scenes can change quickly. Skid marks fade, debris is cleared, and camera footage may be deleted. That’s why gathering evidence early is essential. Your attorney may work with investigators or accident reconstruction specialists to build a clear picture of how the event unfolded.

Medical records can also support your case. They help show that your injuries were caused by the accident and not some other event. If the other side argues that your injuries existed before the accident, documentation can help disprove that claim.

Why Insurance Companies Use This Law to Their Advantage

Insurance companies are for-profit businesses. Their goal is to minimize payouts wherever possible. One common strategy is to shift part of the blame onto the injury victim. Even small percentages of fault can significantly reduce a settlement amount.

For example, if you slipped and fell at a grocery store but were looking at your phone at the time, the store’s insurer may argue that you weren’t paying attention and share some of the blame. That doesn’t mean you were primarily responsible, but the company will use the comparative fault rule to lower what they offer.

It’s important not to accept blame or speculate about fault at the scene of the accident or when speaking to an insurance adjuster. Anything you say can be used to reduce your claim. An experienced attorney can handle communication on your behalf to protect your interests.

What Happens If a Case Goes to Trial

If your injury claim cannot be settled, it may go to trial. In court, a jury or judge will review the facts and assign a percentage of fault to each party involved. This is where the modified comparative negligence rule is enforced.

Jurors are instructed to calculate damages and then reduce the total award by the plaintiff’s share of the fault. If your percentage is above 50 percent, the case will be dismissed and you will receive no compensation. This makes proper case preparation and effective advocacy even more important.

Your legal team will present evidence, cross-examine witnesses, and argue your version of events. Their goal is not only to prove the defendant’s negligence but also to minimize your share of responsibility.

What to Do After an Accident When Shared Fault Is Likely

If you think you may be partly at fault for an accident, don’t panic. That doesn’t automatically prevent you from recovering damages. But it does mean you need to be strategic in how you handle the situation.

Start by seeking medical attention right away. Not only is this important for your health, but it also helps document your injuries. Next, preserve any evidence you can. Take photos of the scene, your injuries, and any property damage. If there were witnesses, get their contact information.

Avoid giving recorded statements to insurance companies until you’ve spoken with a lawyer. Anything you say can be taken out of context and used against you. Even a simple comment like “I didn’t see the other car” might be interpreted as admitting fault.

Consulting a personal injury attorney in Tamarac early in the process can help you understand your rights and responsibilities. An experienced lawyer can assess the strengths of your case, help gather evidence, and represent you in negotiations or court if necessary.

When it comes to personal injury cases in Florida, fault matters. A small difference in the percentage of responsibility can mean the difference between receiving full compensation and walking away with nothing. The new modified comparative negligence law raises the stakes for injury victims and makes early legal support even more critical.

Experienced Personal Injury Attorneys Serving Tamarac

When accidents happen, having the right legal team makes all the difference. Donaldson & Weston’s personal injury attorneys proudly serve Tamarac, advocating for those hurt by negligence. We know how insurance companies operate—and we know how to fight back. Our team will handle the legal side while you focus on healing. If you’ve been injured, don’t wait to get the help you need. Call 866-349-2912  now for your free consultation. With no fees unless we win, you have nothing to lose and everything to gain.