Can You Sue Multiple Parties After A Florida Car Accident
Suppose you were injured in a Florida car accident, and you believe more than one party was responsible for the accident. In such a case, you might be feeling confused and asking yourself several questions. For instance, you might be asking yourself which driver you should sue for damages. You might also be asking yourself whether you can sue multiple defendants.
Fortunately, Florida law allows you to sue and obtain compensation from multiple defendants, as long as you can prove negligence on the part of each defendant. However, to ensure you successfully establish liability in such a case, you need to work with a skilled personal injury attorney.
Comparative Fault
When it comes to accidents involving multiple defendants, Florida uses the comparative fault system. According to this system, each defendant in a personal injury case should have their fault assessed and apportioned to them after a thorough investigation. After the blame is assigned, each defendant should pay a plaintiff according to their fault. To have a deeper understanding of how Florida implements the comparative fault system, consider the following hypothetical situation.
Imagine you were in a car accident, and your case involves three defendants. Assume that the first defendant is found to be most at fault, with their percentage of fault standing at 50%. Suppose the second defendant is apportioned 30% of the blame and defendant 3, the remaining 20%. After awarding each defendant their portion of fault, the court would then use those percentages to determine what each defendant should pay you. Each person would generally reimburse you according to their share of the blame. In this case, if the total damage was $200,000 defendant 1 would pay you $100,000, and defendants 2 and 3 would pay you $60,000 and $40,000, respectively.
So, what happens if you also played a role in causing your accident? If you were partly to blame for the accident that led to your injuries, the court would consider your percentage of fault and the percentage of fault of the other drivers. Fortunately, you can still receive compensation even in a situation where you are partly to blame for your accident. However, if you are found partially at fault for the accident that led to your injuries, you will lose a percentage of the award. Generally, the percentage you lose will be equal to your percentage of fault. That means that if you are 30% to blame for your accident, you will receive 70% of the awarded compensation.
It is important to note that you can still obtain compensation even when your fault exceeds that of the other defendants. Nonetheless, it is often not a good idea for an individual to pursue a claim in such a situation because of the risk of facing a counterclaim.
Legal Help Is Available
If you or someone you know were injured in an accident and you believe you have a case involving multiple defendants, seek the help of a qualified personal injury attorney immediately. Our Jacksonville personal injury attorneys at the Pendas Law Firm can help you sue numerous at-fault parties and obtain maximum compensation. Even if you are partly to blame for your accident, we can ensure you receive an amount of payment that can help you in one way or another. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Tampa, Fort Myers, Ocala, Orlando, West Palm Beach, Bradenton, Miami, Daytona Beach, and Fort Lauderdale areas.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html