What Happens if I Am Partially At Fault for the Accident in Tampa?
The impact of a car crash can cause a range of injuries, including traumatic brain injuries, abdominal bleeding, and even fractured ribs. Depending on the severity of your condition, you may be consumed with medical debt. You may feel hopeless, unsure if there is a chance of returning to the life you once knew.
By nature, car accidents are complex, requiring that an investigation be conducted to determine which driver is at fault. In many cases, more than one driver may be at fault, requiring the insurance company to assign a certain percentage of fault to each individual. Unfortunately, assigning a fault is a gray area, which is why you need a Tampa car accident lawyer to advocate for your rights.
Damages in a Tampa Car Accident Case
Damages are awarded based on accident-related losses that you sustained. While some losses may be easily quantifiable, directly taking money out of your pocket, others may be intangible, affecting your quality of life. These are known as economic and non-economic damages, respectively.
Common economic damages in a Tampa car accident case may include:
- Lost income
- Loss of future earnings
- Ambulatory services
- Emergency room visit
- Surgeries and treatments
- Follow-up visits
- Prescription costs
Conversely, non-economic damages in a Tampa car accident case may include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of companionship and society
- Damage to reputation
- Permanent disability
- Disfigurement
What Happens if I Share Fault for the Crash?
If you are determined to share partial responsibility for the crash, your award will be reduced based on your percentage of fault. For instance, if you incurred $20,000 in damages but are found 25 percent liable, then you will only be awarded $15,000. Under Fla. Stat. §768.81, a party that is more than 50 percent at fault will be barred from recovery. This is known as modified comparative negligence, which is a change from the prior law that permitted injured parties to recover even if they were significantly more responsible for the accident.
Florida PIP Coverage & Recovering Further Damages
Florida requires drivers to carry personal injury protection (PIP), which will cover 80 percent of all reasonable medical expenses, making you personally responsible for the remaining 20 percent. Additionally, PIP will cover 60 percent of lost income, regardless of who caused the crash. PIP provides up to $10,000 in coverage per person. If your injuries exceed this limit, then you may need to file a lawsuit to recover the remaining balance.
While you may attempt to negotiate your medical bills with a hospital or private healthcare provider, the fact remains that you will likely need financial assistance to pay these costs. If you personally bear financial responsibility, you risk not having money for future endeavors.
Aggressive Counsel Fighting for Maximum Compensation
If the bulk of evidence weighs against you, or an eyewitness claims that they saw you cause the accident, you may be assigned a considerably higher degree of liability than the other driver. It is not uncommon for an eyewitness to incorrectly recount an event, but their testimony can be highly persuasive to a jury.
In your moment of need, the services of our Tampa car accident lawyers can benefit you. Our legal team will collect pertinent evidence to prove your lack of involvement. We are committed to helping our clients obtain the most possible compensation to recoup medical expenses and lost earnings, helping to make you whole again.
Injured? Contact Our Tampa Car Accident Attorneys Today
At Matthews Injury Law, we believe that you deserve adequate compensation to cover any and all accident-related expenses. Nobody should be forced into financial hardship due to another person’s negligence, which is why our Tampa car accident lawyers are devoted to helping accident victims recover the entirety of compensation owed to them. If you are interested in scheduling your free consultation, contact us online or by phone today.