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The Insurance Adjuster Thinks That You Are Partially At Fault For The Accident – What’s This All About?

Posted by Guy DiMartino | Jan 22, 2013 | 0 Comments

Leesburg, Florida trial lawyer explains the concept of comparative fault.

You were injured in a car accident or slip and fall and you speak to the other person's insurance adjuster.  The adjuster tells you that they believe you are at fault or partially at for the crash or fall and you may have a lot of questions like:

  • What does this mean?
  • Will the insurance company still pay for my injuries?
  • Can I receive any compensation for what I've been through?

The answer to these questions is it depends.  The issue is Florida's comparative fault law.  Florida is a pure comparative fault (negligence) jurisdiction and the Florida Supreme Court discussed the concept in Hoffman v. Jones . The Hoffman Court said this about the purpose of comparative fault:

(1) To allow a jury to apportion fault as it sees fit between negligent parties whose negligence was part of the legal and proximate cause of any loss or injury; and

(2) To apportion the total damages resulting from the loss or injury according to the proportionate fault of each party

Florida is a pure comparative fault jurisdiction

If you are partially at fault for the accident, your compensation will be reduced by your percentage of fault.  For instance, if the full value of the case is $100,000, and the jury, judge or adjuster finds you 50% at fault, you will receive $50,000.  This comparative fault equation can get complicated if the parties cannot agree on the degree of fault or if there are multiple parties that may be at fault for the incident.

If you have any questions about a Florida personal injury claim or the concept of comparative fault (negligence), contact Guy S. DiMartino, DC, JD, a Leesburg personal injury attorney at (352) 267-9168.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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