Proving Fault Is Challenging In The State Of Florida
Florida is often called a “no fault” state, but that is not truly the case. Florida requires all drivers to carry personal injury protection (PIP) of a minimum of $10,000. PIP is then used to cover any injuries from the accident, regardless who is at fault for the accident. PIP however is not always enough to cover the costs of all injuries. It also only covers medical bills and not property damage. Beyond PIP, Florida actually uses a comparative fault system to determine fault and the distribution of compensation. Basically, the courts look at the details of the accident and then assign fault based on percentages of responsibility.
Understanding Florida’s System Of Comparative Fault
Comparative fault is a system where fault is split between two parties because accidents are not always cut and dry. For example, if you are in a t-bone accident at an intersection, the court will look at all factors. They may discover that the other driver ran the red light, but you were speeding. Making you both at fault for the accident. They will then assign the percentage to each driver and that percentage will determine the amount of the claim you receive. So for example if the accident claim is worth $100,000 and the courts have found that the other driver is responsible for 75% of the accident for running a red light, but you are 25% responsible for speeding, that 25% will be deducted from the claim. So you will be awarded $75,000 as the settlement. With this system, it is imperative that fault is assigned correctly.
How An Expert Witness Can Help Your Case
Expert witnesses are individuals with specialized knowledge that can provide the courts with insight when it comes to the details of the accident. They cannot only help prove fault, medical expert witnesses can also prove the full extent of your injuries, increasing your settlement amount. These witnesses are fully unbiased, so the courts take their testimony very seriously.
Types Of Expert Witnesses
There are a lot of different types of expert witnesses that can testify on your behalf. Some of the most common include:
● Medical Experts: Medical experts are trained medical professionals like physicians. They can do a number of things including explaining your injuries, explaining the severity of your injuries, and explain how injuries like yours could occur during an accident.
● Accident Reconstructionists: Accident reconstructionists are experts in physics. They use complex mathematical models to recreate an accident. They can often use these models to determine fault when things are not clear.
● Financial Experts: Financial experts are economists or financial planners that can help determine the costs of the damages occurred as a result of an accident.
All of these expert witnesses can help your case.
At All Injuries Law Firm, we’ve been helping auto accidents victims win their claims for over thirty years. We know what it takes to prove fault and win a full and fair settlement for our clients. We have a broad network of expert witnesses that we can call on to help prove your claims. If you’ve been in an accident, we can help. Give us a call at 1-941-625-HURT to learn more about all the tools we have to help you.