After an accident, many people hesitate to take legal action because they believe they may have played some role in what happened. If you're partially at fault for the incident, does that mean you can't recover compensation for your injuries?
The short answer: In Florida, you can still file a personal injury claim—even if you share some blame. However, how much you can recover may be reduced based on your level of fault.
Here's what you need to know about Florida's comparative fault laws and how Kemp Law can help protect your rights and maximize your compensation.
What Is Comparative Fault in Florida?
Florida follows a modified comparative fault system. Under this rule, you can pursue compensation if you were less than 51% at fault for the accident. However, any damages you're awarded will be reduced by your percentage of fault.
For example/let's say you're injured in a car accident and awarded $100,000 in damages. If a court finds that you were 30% at fault—maybe because you were speeding or failed to yield—you would still receive compensation, but it would be reduced to $70,000.
On the other hand, if you're found to be 51% or more at fault, you cannot recover any damages under the updated law.
Common Scenarios Involving Shared Fault
Many accidents involve more than one contributing factor. Here are a few examples where partial fault might apply:
- Car Accidents: You were hit by a distracted driver but also speeding during the crash.
- Slip and Fall: You slipped on a wet floor in a grocery store, but were looking at your phone and didn't notice a caution sign.
- Boating Accidents: You were involved in a collision where both operators failed to follow proper navigation rules.
- Pedestrian Accidents: You were hit in a crosswalk, but you crossed against the signal.
In all these cases, fault may be split between parties, but that doesn't automatically prevent you from filing a claim.
How Is Fault Determined?
Establishing who is at fault—and to what degree—can be complex. Insurance companies often try to shift as much blame as possible onto the injured person to reduce or deny claims.
That's where a skilled personal injury attorney can make all the difference.
At Kemp Law, we conduct thorough investigations that may include:
- Reviewing police and accident reports
- Analyzing surveillance footage
- Interviewing witnesses
- Consulting accident reconstruction experts
- Examining vehicle or property damage
Our goal is to present clear, compelling evidence that supports your case and minimizes your share of fault.
Why You Should Never Assume You're at Fault
It's natural to second-guess yourself after an accident, but don't rush to take the blame. You might not have all the facts. In many cases, what feels like a mistake on your part may not be legally significant or outweighed by another party's negligence.
For example, if you tripped on a cracked sidewalk while texting, it may still be the property owner's responsibility if they failed to maintain a safe walkway. That's why you should never admit fault at the scene and always speak with an attorney before speaking with an insurance company.
How Kemp Law Can Help
At Kemp Law, we know how insurance companies operate and are ready to push back. Don't give up if you've been injured and think you might be partially at fault. We'll review your case for free, determine who's truly liable, and fight to recover every dollar you're entitled to.
We've helped clients across Florida recover compensation even in challenging, contested cases. Our team brings decades of experience, strategic insight, and relentless dedication to every case we handle.
You Still Have Rights. Let Kemp Law Help You Protect Them.
If you were injured in an accident and believe you might share some blame, don't let that stop you from seeking justice. You may still have a strong case—and Kemp Law is here to help you build it.
Contact us to schedule your free consultation today.
