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Florida Personal Injury Lawyer > Blog > Personal Injury > I May Be Partially At Fault For My Injuries: Can I Still File A Claim?

I May Be Partially At Fault For My Injuries: Can I Still File A Claim?


Anytime a person suffers a serious and debilitating injury, it can be extremely anxiety-inducing to think about the possibilities of trying to seek compensation for losses and being concerned about how the injured person’s own negligence might affect the case. If you were injured recently and are worried that you may be partially at fault for the injuries you sustained, the good news is that you will likely still be able to file a claim and likely will still be eligible for financial compensation. However, whether or not your compensation will be reduced based on your own negligence will depend upon how and where the accident occurred, as well as other particular facts surrounding your personal injury case. Our dedicated West Palm Beach personal injury lawyers are here to tell you more about seeking compensation when you may be partially at fault for your own injuries.

Workplace Injuries and Employee Negligence 

For most workplace injuries, workers’ compensation is an exclusive remedy. It is not concerned with negligence. Accordingly, whether you were partially at fault or someone else was at fault, you can recover for your losses.

Motor Vehicle Accidents and the No-Fault System 

The Florida no-fault auto insurance system is designed in part to make the process of seeking compensation more streamlined for injury victims and to ensure that people harmed in motor vehicle accidents can be compensated for their losses. At the same time, the no-fault system means that you can file an auto insurance claim through your personal injury protection (PIP) policy in order to obtain compensation for your medical bills and lost wages. PIP coverage is not concerned with your own negligence. Regardless of who is at fault, your PIP coverage can compensate you for your losses up to a certain amount.

Comparative Fault and Florida Law 

If you were injured in a context outside of your workplace and in a manner other than a motor vehicle collision, you may be thinking about filing a personal injury lawsuit against the responsible party. Florida is what is known as a pure comparative fault state. Accordingly, even if the defendant can prove that you are partially at fault for the injury, you can still obtain compensation. However, under Florida law, your recovery will be reduced by your portion of the fault, whether it is one percent or ninety-nine percent.

Never Admit Fault 

Finally, even if you do believe you may be partially at fault for your own injuries, you should never admit fault. For personal injury lawsuit purposes, the defendant will need to prove that you are partially at fault in order to have your damages reduced based on the terms of Florida’s comparative fault law. Otherwise, if the defendant cannot prove that you are partially at fault, you can recover the full amount of damages.

Contact Our Experienced Florida Personal Injury Attorneys 

If you were injured recently and another party may be at fault, you may have options for seeking financial compensation. Those options will depend upon the particular facts surrounding your case, including how and where the injury occurred, and whether your own negligence can affect your ability to be compensated for your losses. Our experienced West Palm Beach personal injury attorneys are here to evaluate your case and to speak with you about your options for moving forward with a claim. Contact Lesser Lesser Landy & Smith PLLC today to learn more about filing a workers’ compensation claim or a personal injury lawsuit in order to seek the financial compensation you deserve.



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