Understanding Pure Comparative Negligence in Personal Injury Cases

If you are in a car accident in St. Petersburg and suffer injuries that max out your personal injury protection coverage, your personal injury lawyer may help you to sue the at-fault party for punitive damages. Punitive damages provide extra compensation for victims whose injuries were caused by the extreme recklessness or negligence of the at-fault party.  This extra compensation can help cover your expenses.

Many drivers in St. Petersburg fight back against these claims, however. Not only do they not want to admit fault, but they also do not want to pay for their negligence. The higher the medical bills and other expenses, the more likely they are to fight back with a personal injury lawyer of their own.

In fact, during a case like this, the defendant may even turn the blame back on you and claim that you are responsible for the accident. With your personal injury lawyer, you can disprove this claim. If the evidence doesn’t disprove the claim, the court may find that neither driver is entirely to blame. Instead, they may determine you both acted in ways that contributed to the accident.

Florida’s Pure Comparative Negligence

Should the court find that two drivers are partially to blame for an accident, Florida’s comparative negligence laws will come into play. This “pure comparative fault” system does not let your level of negligence prevent you from getting the compensation your injuries need. Instead, the fault charged to the claimant is proportionate to the amount awarded in damages. For example, if you are found to be 40% at fault for the crash, you can still recover 60% of your losses from the other party. In this example, if you initially requested $100,000, if you win your case, you will receive $60,000 because you were 40% at fault.

How Fault is Determined in a Personal Injury Case

To determine the percentage of fault for each responsible party, judges examine many different factors. Drivers may contribute to fault by:

  • Speeding
  • Driving recklessly
  • Driving under the influence
  • Texting and driving
  • Running red lights
  • Failing to stop at a stop sign
  • Not using turn signals

Prepare for a Case with a Personal Injury Lawyer at Berkowitz & Myer

The best way to prepare for a personal injury case is by working with a personal injury lawyer at Berkowitz & Myer. Our St. Petersburg firm has been helping clients recover compensation for their injuries for nearly twenty years. Our excellence and passion make us a strong opponent in the courtroom. To schedule a consultation in St. Petersburg, call us today at (727) 344-0123 or contact us online.

Do’s and Don’ts After a Personal Injury Accident

There are hundreds of vehicle accidents in Tampa Bay every day. In 2017, Pinellas County saw 17,966 total crashes with 11,111 injuries, according to the Florida Department of Highway Safety and Motor Vehicles. This means that many St. Petersburg residents are at the risk of being in a collision at some point. If you sustain an injury, call a personal injury attorney and keep the following do’s and don’ts in mind.

Do: Document the Scene

After a collision, once the scene is safe, you have checked for injuries, and everyone has the necessary medical attention, call the St. Petersburg police to file a police report. You should then begin to document the scene thoroughly. Take pictures of the vehicles, the scene of the incident, the road conditions, debris, injuries, skid marks, and any property damage. Gather the contact information of anyone else involved as well as any witnesses. Record information like the location, the weather, and what you were doing before the incident. The more detail, the better. Take pictures with your phone, record video, and use a notepad to write things down like license plate numbers, driver’s license numbers, vehicle make and model, and more. However you can, record the information and hold onto that data. Your personal injury attorney will be able to use it to help build your case.

Don’t: Post on Social Media

You may be tempted to post online that you were in a fender bender to alert friends and family, but use caution when it comes to posting about your accident. Once something is online, it can’t be erased completely. Avoid talking about anything related to the accident, including your car, your personal injury attorney, the other people involved, or your injury. Insurance companies may have investigators and claims adjusters looking at your social media to find evidence that can diminish the value of your claim.

Do: Call a Personal Injury Attorney

After an accident, call a personal injury attorney in St. Petersburg as soon as you can. The other party may ask you for in-depth information like how much insurance coverage you have, what your deductibles are, and more. Instead of providing them with this information, your lawyer can advise you to give them only the necessary information and the basic details of the accident. This goes for the insurance companies as well. In fact, before you talk to any insurance companies, talk to your lawyer. You do not have to speak with insurance companies if they contact you. Anything you say, even if it is to your own insurance company, can be used to lower the settlement you may eventually receive.

Call Berkowitz & Myer in St. Petersburg for Professional Legal Help

If you were in a car accident in St. Petersburg, call a personal injury attorney to discuss compensation for your injuries. You may be able to recover damages for your medical expenses, lost wages, pain and suffering, and more. To speak with a professional at Berkowitz & Myer, call us at (727) 344-0123 or contact us online.

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