Being involved in a car accident can be a traumatic experience, leaving you confused and uncertain about your legal rights. If you were partially at fault, you may wonder if you can still pursue compensation for your injuries and damages. The good news is that even if you share some responsibility, you may still be eligible to recover damages in Florida under the state's modified comparative negligence law. However, navigating the legal landscape can be complex, and seeking guidance from a skilled Miami car accident attorney is crucial.


Our team of skilled attorneys at Cernitz Law has guided clients through personal injury insurance claims. For more information, call our team at 305-370-3255

Understanding Your Legal Rights in Personal Injury Cases


Florida operates under the modifed comparative negligence system, which means that if you were partially at fault in a car accident, your compensation would be reduced proportionally to your percentage of fault. This system allows for a more equitable distribution of responsibility, ensuring all parties are held accountable for their actions.

The Timeline to Claim Damages If Partially At Fault: Steps to Take

If you were involved in a car accident and believe you were partially at fault, acting promptly is essential. Here are the critical steps to follow:


  • Seek medical attention: Your health and well-being should be the top priority. Seek immediate medical attention, even if your injuries seem minor, as some conditions may not immediately manifest symptoms.

  • Document the scene: If possible, take photographs of the accident scene, including the positions of the vehicles, any visible injuries, and any other relevant details.

  • Gather witness information: Obtain the names and contact information of witnesses who may have seen the accident occur.

  • Consult with a car accident attorney near me: An experienced car accident attorney can help you navigate the legal process, protect your rights, and maximize your chances of receiving fair compensation.

Pathways to Resolution: How Cernitz Law Can Assist

At Cernitz Law, our team of dedicated Miami car accident attorneys understands the challenges you face after a car accident, especially when you are partially at fault. We are committed to providing compassionate guidance and aggressive representation to protect your rights.


Our experienced Miami car accident lawyers will thoroughly investigate your accident's circumstances, gathering evidence to establish liability and build a strong case on your behalf. We will work tirelessly to negotiate with insurance companies and, if necessary, take your case to trial to pursue the maximum compensation you deserve.


Florida's Modified Comparative Negligence Law: A Closer Look


Under Florida's modified comparative negligence law, the damages you have awarded will be reduced by the percentage of fault attributed to you. For example, if you were found to be 30% at fault in the accident, and your total damages amounted to $100,000, you would receive $70,000 (70% of the total damages).


It's important to note that as long as you were not 100% at fault, you can still pursue compensation for your injuries and losses. This law ensures that no party is entirely barred from recovery due to their partial fault.

Damages You May Be Entitled To

In a personal injury case, you may be eligible to receive compensation for various damages, including:


  • Medical expenses: This covers past, present, and future medical costs related to your injuries, such as hospital stays, surgeries, rehabilitation, and ongoing treatment.

  • Lost wages: If you missed work due to injuries, you may be compensated for lost income and future earning potential.

  • Pain and suffering: You may be entitled to compensation for the physical and emotional distress caused by your injuries.

  • Property damage: Damages to your vehicle or other personal property may also be covered.

Frequently Asked Questions

  1. What if the other driver was uninsured or underinsured?

Suppose the other driver was uninsured or did not have adequate insurance coverage. In that case, you may still be able to recover compensation through your own uninsured/underinsured motorist coverage or by filing a claim against the at-fault driver personally.

  1. Can I still file a claim if I was partially at fault but the other driver was impaired?

Yes, you may still be able to pursue compensation, as the other driver's impairment (such as driving under the influence) would likely increase their percentage of fault in the accident.

  1. How long do I have to file a personal injury claim in Florida?

Florida's statute of limitations for filing a personal injury claim is generally two years from the accident date. However, it's best to consult a car accident lawyer in Miami as soon as possible to protect your rights.

  1. What if the insurance company denies my claim or offers a low settlement?

Insurance companies often try to minimize their payouts, even in cases where you were only partially at fault. An experienced Florida attorney can negotiate with the insurance company on your behalf and take your case to court if necessary to pursue fair compensation.

  1. Can I still recover damages if I wasn't wearing a seatbelt?

You may still be eligible for compensation, but your failure to wear a seatbelt could be considered contributory negligence, potentially reducing your awarded damages.

Working with a Personal Injury Attorney 

While being partially at fault in a car accident can complicate the legal process, seeking the guidance of a skilled Miami car accident attorney can make a significant difference in protecting your rights and ensuring you receive the compensation you deserve. At Cernitz Law, we advocate for our clients and fight for the justice they deserve.


Cernitz Law advocates for clients and develops a strategic approach to ensure you receive the proper compensation for your personal injury claim. For more information, call our team at 305-370-3255