If you’ve been injured in an accident in Florida but believe you may share some of the blame, you might wonder, “Can a Florida personal injury attorney help if I was partially at fault?” The short answer is yes—Florida’s legal system allows you to seek compensation even if you contributed to the incident, thanks to the state’s comparative negligence rule. At Fenimore Injury Law, we’ve guided countless clients in Pensacola and Northwest Florida through this complex process since 2011, helping them recover damages despite partial fault.

With over 20 years of experience, including time as an insurance defense lawyer, I’ve seen how insurance companies exploit partial fault to reduce or deny payouts. In this detailed guide, we’ll explain how Florida’s comparative negligence law works, how a skilled attorney can maximize your recovery, and why acting quickly is critical. Drawing on our firm’s deep roots in Pensacola and real client experiences, we’ll provide actionable insights to help you navigate your claim with confidence.

Understanding Florida’s Comparative Negligence Rule

Florida follows a pure comparative negligence system, as outlined in Florida Statutes Section 768.81. This means you can pursue a personal injury claim even if you’re partially at fault for the accident, as long as someone else’s negligence also contributed. However, your compensation will be reduced by your percentage of fault.

For example, suppose you’re injured in a car accident in Pensacola and the total damages (medical bills, lost wages, etc.) amount to $100,000. If a jury determines you were 30% at fault and the other driver was 70% at fault, you could recover $70,000—your damages minus your 30% share of responsibility. Even if you’re 99% at fault, you could theoretically recover 1% of your damages, though such cases are rare and challenging.

This system sounds straightforward, but insurance companies often inflate your fault percentage to minimize their liability. At Fenimore Injury Law, we’ve seen insurers claim our clients were mostly responsible for accidents, only to have our thorough investigations prove otherwise. A skilled attorney is essential to challenge these tactics and ensure your fault is fairly assessed.

How a Florida Personal Injury Attorney Can Help

If you’re partially at fault, hiring an experienced personal injury attorney can make a significant difference in the outcome of your case. Here’s how we assist clients in these situations:

1. Investigating the Accident: We conduct a comprehensive investigation to gather evidence, such as police reports, witness statements, traffic camera footage, and accident reconstruction expert opinions. This helps establish the other party’s negligence and minimize your assigned fault.
2. Negotiating with Insurance Companies: Insurers are quick to assign blame to reduce payouts. My background as a former insurance defense lawyer gives me insight into their strategies, allowing us to counter lowball offers and biased fault assessments. We negotiate aggressively to ensure you receive the maximum compensation possible.
3. Building a Strong Case for Court: If a fair settlement isn’t possible, we’re prepared to take your case to trial. Our firm has recovered millions for clients, earning recognition from Top American Lawyers for our ability to present compelling cases before Pensacola juries. We ensure your story is heard, highlighting the other party’s negligence.
4. Advising on Complex Scenarios: Partial fault cases often involve nuances, such as multi-vehicle accidents or disputes over traffic violations. We analyze every detail to protect your rights, whether you were distracted, speeding, or failed to yield. Our deep understanding of local courts and Florida law gives us an edge in these cases.

Common Scenarios Where Partial Fault Applies

Partial fault is common in various types of personal injury cases. Here are examples where you might still recover compensation with our help:

• Car Accidents: You were texting while driving but were hit by someone running a red light. Both actions contributed, but you can still pursue a claim.
• Slip and Falls: You slipped in a store but were distracted and didn’t notice a wet floor sign. The property owner’s failure to maintain a safe environment may still make them liable.
• Pedestrian Accidents: You crossed a street outside a crosswalk but were struck by a speeding driver. Their negligence could outweigh your contribution.
• Bicycle Accidents: You didn’t signal a turn, but a motorist failed to yield. Shared fault doesn’t bar recovery.

Take, for instance, a motorcycle accident on Highway 98, where the motorcyclist believes they were mostly at fault for lane-splitting. After investigating, it could be the other driver’s illegal U-turn was the primary cause, securing them settlement that covers medical bills and lost wages. This example case underscores why legal expertise matters in partial fault claims.

Challenges of Partial Fault Claims

Pursuing a claim when you’re partially at fault comes with unique hurdles:

• Disputed Fault Percentages: Insurance adjusters may exaggerate your role to reduce their payout. Without an attorney, you risk accepting an unfair fault allocation.
• Evidence Preservation: Critical evidence, like skid marks or surveillance footage, can disappear quickly. Prompt action is essential to build a strong case.
• Comparative Negligence in Court: Juries may struggle to assign fault percentages, and insurers may exploit this uncertainty. A seasoned lawyer can present clear, persuasive evidence.

We’ve navigated these challenges for clients across Northwest Florida, from Gulf Breeze to Milton. Our firm’s commitment to personalized service means we take the time to understand your accident and craft a strategy tailored to your needs. By demonstrating the property owner’s failure to address a known hazard, we can reduce our client’s fault and secure a fair settlement.

Steps to Take If You Were Partially at Fault

To strengthen your claim and maximize your recovery, follow these steps after an accident:

1. Seek Medical Care: Get evaluated by a doctor to document your injuries and link them to the accident. Delaying treatment can weaken your case and give insurers ammunition to argue your injuries aren’t serious.
2. Document Everything: Take photos of the scene, your injuries, and vehicle damage. Collect witness contact information and keep all medical records. This evidence is crucial for disputing inflated fault claims.
3. Avoid Admitting Fault: Don’t apologize or admit blame at the scene or to insurers. Even casual statements like “I didn’t see them” can be used against you. Let your attorney handle communications.
4. Contact a Florida Personal Injury Attorney: An experienced lawyer can assess your case, protect your rights, and fight for fair compensation. At Fenimore Injury Law, we offer free consultations with no upfront costs—our fees come only if we win.

Why Choose Fenimore Injury Law?

Since founding our firm in 2011, I’ve dedicated my practice to helping injury victims in Pensacola and beyond. My unique perspective as a former insurance defense lawyer allows me to anticipate and counter insurance company tactics, giving my clients a strategic advantage. As a University of Florida honors graduate with over 20 years of legal experience, I’ve recovered millions for clients in cases involving car accidents, slip and falls, medical malpractice, and more.

Our firm’s deep ties to Pensacola mean we understand the local landscape, from the risks of busy roads like Davis Highway to the nuances of Escambia County courts. We treat every client like family, ensuring your voice is heard in negotiations or at trial. Our recognition from Top American Lawyers reflects our commitment to aggressive, compassionate advocacy. Whether you’re dealing with a complex partial fault claim or a straightforward case, we’re here to fight for you.

Don’t Let Partial Fault Stop You—Act Now

If you were partially at fault for an accident in Florida, you still have the right to seek compensation, but insurance companies will fight to minimize your recovery. We’re here to level the playing field, using our experience and local expertise to fight for the damages you deserve. Don’t wait—evidence can fade, and Florida’s two-year statute of limitations for personal injury claims means time is critical.

Contact us today for a free consultation. Call (850) 434-6064 or schedule visit our contact page. We offer flexible appointments, including evenings and weekends, and can visit you if needed. Let us help you focus on healing while we handle the legal fight.

About the Author: Michael E. Fenimore, founder of Fenimore Injury Law, is a Pensacola personal injury attorney with over 20 years of experience, including as a former insurance defense lawyer, giving him unique insight to advocate for clients. A University of Florida honors graduate, he’s recovered millions for injury victims. Learn more about Michael on his page here.