Can You File a Claim if You Were Partially at Fault in a Florida Slip-and-Fall Case?

Slip-and-fall accidents can lead to serious injuries, but what happens if you were partially at fault for your fall? In Florida, you may still have the right to pursue compensation, thanks to the state’s modified comparative negligence law. Understanding how this system works and how attorneys negotiate fair settlements can make all the difference in your case. 

Understanding Modified Comparative Negligence in Florida 

Florida follows a modified comparative negligence rule, meaning that fault is assigned based on each party’s level of responsibility. Under this system: 

• If you are 50% or less at fault, you may still recover damages; however, your compensation will be reduced by your percentage of fault. 

• If you are more than 50% at fault, you are barred from receiving any compensation. 

This means that even if you were partially responsible for your slip-and-fall accident, you could still be entitled to a settlement, depending on the circumstances. 

How Attorneys Secure Fair Settlements 

Navigating a slip-and-fall claim when partial fault is involved requires a strategic approach. Here’s how attorneys work to secure fair compensation: 

1. Investigating the Accident 

• Reviewing surveillance footage, witness statements, and maintenance records to determine liability. 
• Examining whether the property owner failed to address known hazards. 

2. Challenging Fault Assignments 

• Arguing that the property owner had a greater responsibility to maintain safe conditions. 
• Demonstrating that hazards were not properly marked or repaired. 

3. Negotiating with Insurance Companies 

• Presenting strong evidence to counteract claims that you were primarily responsible. 
• Highlighting the severity of injuries and long-term impact to maximize compensation. 

4. Calculating Damages 

• Seeking compensation for medical expenses, lost wages, pain and suffering, and ongoing care needs. 
• Ensuring settlement offers account for both current and future financial impacts. 

Did You Know? 

Even if you were partially at fault, the property owner might still be liable if they failed to address dangerous conditions. Wet floors, uneven surfaces, poor lighting, and lack of warning signs can all contribute to their responsibility. 

Legal Advice 

• Do Not Admit Fault: Avoid making statements that could be used against you during negotiations. 

• Document the Scene: Take photos of the hazardous condition and obtain witness contact information. 

• Seek Medical Attention Immediately: Medical records can serve as key evidence in your case. 

• Consult a Legal Professional: An attorney can help assess your claim, gather evidence, and negotiate a fair settlement. 

At Kemp Law, we fight for injury victims to ensure they receive fair treatment, even when partial fault is involved. If you’ve been injured in a slip-and-fall accident, contact us today for a free consultation. 

Call us at (727) 788-6792 or visit https://kemplaw.com/ to learn more about your legal options.