The answer is a resounding maybe. Florida law recognizes the legal doctrine of comparative fault. This means that if an injured person is found to be partly responsible for his injuries then any damage award may be lowered by the percentage of fault assigned to him. For example, take a car accident where the injured person’s damages are determined to be $25,000. Subsequently, the jury also finds that the injured person was 20% at fault because he was on his phone at the time of the accident. Hence his damage award will be reduced by $5,000 (20% of $25,000).
Insurance companies and their attorneys are well aware of this rule and will often use it as a negotiation tool. This is one more reason to have an experienced attorney on your side when dealing with insurance companies.
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