Car accidents are a fact of life no matter where you live, and it’s no different for Floridians. According to the state’s Highway Safety and Motor Vehicles Department, there are more than 300,000 car accidents per year, ranking it near the top of states in the country. Many accidents are minor, however, thousands of Florida residents are injured, and more than 3,000 tragically lose their lives each year.
Every year, accidents result in injuries that require intensive treatment, require long-term care or rehabilitation, or even leave the victim permanently disabled. If you or a loved one find yourself with injuries resulting from a car accident, you may be entitled compensation to pay for your recovery. This compensation can also include lost wages due to missed work, repairing property damage, and overcoming emotional distress.
In Florida, damages for a car accident claim are apportioned according to what is called “modified comparative negligence”. If you are navigating the claims process, you are likely asking yourself what does this mean, or read here: How Do Ocala’s New Traffic Laws Impact Your Auto Accident Claim’s Value by Up to 50%?, and what is the best way to move forward with your claim under this new law.
What Does “Modified Comparative Negligence” Mean?
Under the state’s new system, each party involved in the car accident can be assigned a portion of the blame and damages are adjusted according to that liability. Furthermore, people injured in a car accident are only entitled to compensation if they are found to be no more than 50% liable for the accident.
How Ocala’s New Traffic Law Impacts Your Auto Claim’s Value Up to 50%
Because compensation now scales with liability, the value of your claim can be reduced by up to 50%. For example, you can be determined to be 25% responsible for causing the accident, causing $100,000 in damages. Your compensation from the insurance companies, therefore, will be $75,000. If you’re found to be 51% at fault for the accident, however, the compensation for your injuries, lost wages, and other damages will be reduced to zero.
The new law also makes the requirements for evidence in car accident claims more strict. Your case must now be supported by evidence such as dashcams, detailed photos from the accident scene, and witness statements.
Legal Help Is More Important Than Ever
Under this new law, proving liability is more important than ever. The insurance companies have realized this and will use their lawyers to relentlessly try to prove you are more than 50% at fault for the crash to avoid paying out any sort of compensation. In this situation, securing legal representation is vital to representing your interests. A qualified attorney will understand the new liability laws and evidence requirements and investigate your accident to craft the strongest case possible.
Those who try to manage the claims process on their own often find themselves with an unjustly reduced, or even rejected, claim. Hiring a qualified lawyer who understands modified comparative negligence and the new law’s increased evidence requirements is the best way to support your claim and ensure you receive the compensation you deserve.
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