If you were deemed partially at fault, whether you can receive compensation depends on what state you live in. Some states abide by contributory negligence, which means you are unable to recover any damages if you were at all at fault.
In other states, you can recover damages as long as you were not more than 50 percent at fault. Other states allow you to recover damages if you were over 50 percent, as long as you were not completely at fault.
Florida is a comparative fault state. This means that if you were at fault in any way, your claim will be reduced by the amount by which you were determined to be at fault. So if you are found to be ten percent at fault, the amount of your claim will be reduced by ten percent.
Determining fault is very technical and dependent on state laws, so consult with one of our personal injury lawyers if you have more specific questions. If you live in the Miami, FL, area, it is important that you are able to prove you were not at fault so you can receive as much compensation as you are entitled to. This is why it is important to start the legal process so that evidence can be gathered as soon as possible.