In this article, you can discover:

  • How being partially at fault for an accident can impact your personal injury claim.
  • How uninsured motorist coverage comes into play in an accident in Florida.
  • What your options are while you are waiting on a settlement.

Filing An Auto-Accident Injury Claim In Florida

Could Being Partially At Fault For The Car Accident That Caused My Injuries Impact My Personal Injury Claim?

Florida follows a modified Comparative Fault Liability Model. Comparative fault means that you cannot collect anything if you are held responsible for 51% or more of the liability in your case.

Can I File A Personal Injury Claim And Win If I Have Injuries From A Car Accident Caused By An Uninsured Or Underinsured Driver In Polk County?

You can file a personal injury claim and find compensation if you have Uninsured/Underinsured Motorist (UM) coverage on your automobile insurance policy or if the vehicle you were in has that coverage. If you have UM, then the UM coverage stands in the shoes of the responsible party and pays for your losses associated with the accident.

I Was In A Head-On Collision Due To Another Driver Near Polk County, Florida. How Can I Pay For My Medical Bills While I Wait For A Settlement From The Insurance Company?

If you were in an accident that was caused by another driver in Florida, you may be able to choose medical coverage from the following sources:

  • No-fault insurance on your auto policy
  • Health insurance
  • Letters of Protection

A Letter of Protection promises to pay your medical bill from a settlement. For many people, a Letter of Protection is the only reasonable means by which they can get treatment when injured in an accident.

The Other Driver Was At Fault For The Accident That Caused My Serious Injuries. Do I Still Need To Hire An Experienced Personal Injury Attorney In Lakeland, Florida?

It is crucial to hire an experienced personal injury attorney if you have sustained any injuries from an accident where the other driver was at fault. This is because while the liability for an accident is often not hotly contested, the extent of your injury and the value of such injury is regularly the subject of contentious litigation. Because of this, most people will need attorney representation to get the most value from their case.

Can I Still File A Personal Injury Claim In Florida If I Was Partially At Fault For The Car Accident?

If you have injuries and need compensation for an accident that you are partially at fault for, you can still file a personal injury claim. This is because Florida follows a modified Comparative Fault Model.

Comparative Fault means that you can collect damages if you are 50% or less responsible for the accident in Florida. However, you will not be able to collect if you are more than 50% responsible for the accident.

How Are Personal Injury Damages Calculated In Florida In Car Wreck Injury Cases?

The process of calculating personal injury damages in Florida can be complicated for car accidents. Typically, the following formula is used to determine what a person’s total payout will look like after they win their claim:

1.) The total amount awarded by the jury.


2.) $10,000 for no-fault insurance.


3.) Any setoffs for collateral sources.

Collateral sources are amounts you were not responsible for paying due to health insurance benefits, write-downs, and more.

Additionally, it’s important to note that any calculations made for comparative fault are supposed to operate to reduce the total amount awarded by the jury. For example, suppose the jury awarded $100,000, but you were considered 50% responsible. In that case, the judge will reduce the $100,000 awarded by 50% to $50,000. Then, the deductions will be taken from that amount – the $50,000.

What Will Hiring A Polk County, Florida Car Accident Attorney Do For My Personal Injury Case?

Generally, hiring an attorney for your car accident case increases the value of your case. However, if your case’s value is limited because of a limited availability of insurance, an attorney can work to reduce the amounts that you owe to other parties when you get your settlement. This way, you can expand the total amount of money you can keep at the end of your claim.

For more information on Filing An Auto Accident Injury Claim In Florida, an initial consultation is your next step. Get the information and legal answers you seek today by calling (863) 243-6166.

Need To Prove A Medical Malpractice Claim?

(863) 243-6166

1135 Lakeland Hills Boulevard
Lakeland, Florida 33805


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