If you think you were partly responsible for a car accident or a fall, you may assume there is no point asking about compensation. Sharing responsibility does not automatically end the discussion.
In the video above, Scott Marshall of Marshall Injury Attorneys explains how comparative fault works and uses a simple example to show how responsibility can affect an injury award.
More than one person can contribute to an injury
Scott explains that responsibility is not always entirely on one side. Another person may have acted negligently, while something you did also contributed to your injuries.
The questions are whether another party is legally responsible and, if responsibility is shared, how it should be divided. Your own impression of fault is a starting point for discussion, not a final legal finding.
Florida’s 50% comparative fault threshold
Under Florida’s modified comparative fault rule, a claimant who is 50% or less at fault may recover reduced damages in a negligence action governed by the rule. A claimant found more than 50% at fault for their own harm cannot recover damages in that action.
Exactly 50% is therefore different from more than 50%. The rule’s application depends on the claim and applicable law. The statutory bar expressly excludes personal injury and wrongful death actions arising from medical negligence under chapter 766.
You can read the rule in Florida Statutes section 768.81.
Scott’s example: $10,000 in damages and equal fault
Scott illustrates the calculation with a two-party example. Assume the jury determines that total damages are $10,000 and assigns 50% of the fault to the injured person and 50% to the defendant.
In that simplified example, the injured person’s recovery is reduced to $5,000. It illustrates the fault reduction, not a prediction of case value or the amount a client would receive after fees, costs and other applicable adjustments.
How a verdict form helps explain the process
Scott uses a verdict form to explain the questions a jury may need to answer. In his simplified description, the jury considers whether the defendant’s negligence legally caused injury, whether the injured person’s own negligence contributed and how fault should be allocated.
The actual questions and their order depend on the case. His point is that responsibility and the amount of damages are separate issues that both need to be addressed.
Why fault percentages matter during negotiations
Scott notes that many cases resolve without a trial. Even then, disagreements about fault can play an important role in settlement discussions.
The parties may disagree about what happened, whether particular conduct contributed to an injury and how much responsibility belongs to each person. Those disagreements can affect how each side evaluates the claim.
An insurer’s assertion that you were partly responsible is not, by itself, a final determination. The available evidence needs to be considered.
Give your attorney a complete account
Be accurate about your own actions as well as the other person’s. Details that seem unfavorable may still need context, and your attorney needs the full picture to assess the claim.
Useful information may include:
- A clear account of what happened before and during the incident.
- Photographs or video showing the scene and relevant conditions.
- Contact details for witnesses.
- Statements or correspondence about responsibility.
- Medical records documenting the injuries being claimed.
Preserve original records and distinguish what you personally remember from assumptions or information supplied by others.
Do not rule out a claim based on a guess
Scott’s central message is that believing you bear some responsibility should not automatically discourage you from seeking an assessment.
Whether you can recover, how fault may be allocated and what damages can be established require a review of the circumstances. Sharing some responsibility does not necessarily mean another person escapes responsibility for the harm they caused.
Have questions about shared fault after an accident?
Marshall Injury Attorneys can review the circumstances and explain how a dispute about responsibility may affect your Florida injury claim.
Request a free case review or call 727-772-5900.
This article summarises Scott Marshall’s video and includes additional general information about Florida comparative fault law. It is not legal advice and does not create an attorney-client relationship. The example is illustrative and does not guarantee an outcome. Every case is different.
