Are you hoping that a personal injury lawsuit will help you recover the compensation you need following a car accident that was caused by the negligence of another? If so, then you need to understand the law and how it applies to your case. If you don’t and you instead try to wing your case, then you could end up being denied recovery or recovering an amount that is far less than you deserve.
The importance of contributory fault
Although a lot of a personal injury case is focused on gathering and presenting evidence of liability, you can’t overlook the importance of defending your own driving at the time of the accident. This is because Florida recognizes contributory fault. Under this statute, a plaintiff’s recovery in a personal injury case can be reduced by the amount of fault that is assigned to him or her. So, if you’re awarded $100,000 but are found to be 45% at fault, then you’re only going to actually recover $55,000.
This can limit your ability to fully recover from your injuries and maintain financial stability, which is why you need to know how to anticipate this defense tactic and how to effectively counter it. This may mean having witness testimony that corroborates your position or even having an accident reconstruction conducted so that you can have an expert testify as to who was truly at fault for the accident.
Building your personal injury case
Personal injury cases might seem pretty straightforward, but they can actually be pretty complex. That’s why it’s imperative that you know how to navigate the complexities of the law to your advantage. A strong first step is doing exactly what you’re doing now: reading about this area of the law. If you’d like to learn more, then we encourage you to continue your research.