Denied A Personal Injury Settlement Due To Being Partially At-Fault? Find Out How To Get Compensation
Personal injuries in Miami can happen for a variety of reasons. While the reckless and negligent actions of others may be ultimately responsible, investigations may reveal that you were partially at fault, resulting in the denial of an insurance settlement. Our Miami personal injury lawyer explains the legal theory of comparative negligence and how it can entitle you to still get compensation.
Your Rights When Partially At-Fault For Personal Injuries In Miami
As one of the leading causes of death and disability, personal injuries in Miami can occur due to car crashes involving drivers, passengers, bicyclists, and pedestrians, as well as slips and falls or other incidents that occur on someone’s property. While commonly referred to as accidents, the fact is that negligence on the part of others involved is often responsible.
Negligence means taking actions that put people at risk or failing to take reasonable precautions. In this type of situation, you have the right to hold the at-fault party accountable. Insurance they have in place can help offset your medical costs, lost wages, and other expenses. However, claims adjusters will deny a settlement if they can prove you were at least partially responsible. Examples of this include:
- Being tired, slamming on your brakes, or changing GPS settings in the moments before a car accident;
- Wearing dark colors at night, not using crosswalks, or not remaining on sidewalks or bike lanes in Miami pedestrian and bicycle accidents;
- Not wearing the appropriate shoes or entering roped-off areas in the event of a slip-and-fall accident;
- Any behavior on your part that may have contributed to an accident or increased the severity of your injuries.
Comparative Negligence and Your Rights In Filing A Miami Personal Injury Lawsuit
If you are found to be even somewhat responsible for an accident, you can expect insurers to deny your claim. However, you may still be entitled to compensation through a personal injury lawsuit filed in the Miami-Dade County Court under the legal theory of comparative negligence.
Under the Florida Statutes, you may still be entitled to compensation for personal injuries, provided the other party involved was more than 50 percent to blame. However, this would also reduce the amount of compensation you are entitled to. For example:
- You suffer personal injuries with damages estimated at $200,000;
- You are determined to be 30 percent to blame;
- The other party is determined to be 70 percent responsible;
- You would be entitled to $140,000 (70 percent of $200,000).
Request A Consultation With Our Miami Personal Injury Lawyer
You have the right to seek compensation for personal injuries suffered due to the negligence of others, even if you were partially to blame. To get the professional legal representation you need in this type of claim, reach out to Pita Weber Del Prado. Call or contact us online and request a consultation with our Miami personal injury lawyer today.
Sources:
miamidadeclerk.gov/ocs/
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
