After an accident in Miami, one of the first questions people ask is, “Can I still recover money if I was partly at fault?” The answer depends on Florida’s comparative negligence law, which determines how much compensation a person can receive based on their share of fault. Understanding this law is crucial to protecting your rights after an injury.
Under Florida’s modified comparative negligence system, your recovery is reduced by your percentage of fault. For example, if you were found 20% responsible for a crash, your total compensation would be reduced by 20%. However, if you are more than 50% at fault, you cannot recover any damages from the other party. This change, made in 2023, has made it more important than ever to work with an experienced injury attorney.
At Jimenez Mazzitelli Mordes, we help clients navigate these complex rules. Insurance companies often try to exaggerate your level of fault to pay you less. They may claim you were speeding, distracted, or failed to take precautions—even when that’s not true. Our legal team investigates the facts, analyzes police reports, interviews witnesses, and gathers expert opinions to prove your case.
Comparative negligence can apply in many types of accidents, including car crashes, slip and falls, pedestrian accidents, and bicycle collisions. For instance, if a driver hit you while you were crossing the street outside of a marked crosswalk, the defense might argue that you share some blame. But if that driver was texting, speeding, or failed to yield, their share of fault would likely be far greater. The key is evidence—and a strong legal advocate who knows how to present it.
If you’ve been injured and someone is trying to shift blame to you, don’t face them alone. The attorneys at Jimenez Mazzitelli Mordes know how to fight these tactics and protect your right to fair compensation.
Call 305-548-8750 or reach us through our Miami Law Firm Contact Page. We’ll review your case, explain your options, and help you move forward with confidence.