In Florida, the jury decides how much fault should be allocated to each person responsible for an accident. The damages awarded are then apportioned to the defendant based upon their percentage of fault. The injured party will have their damages reduced by any amount of fault attributed to them. For example, if a person is found to be 20 percent at fault for causing his own injuries, then the other party or parties responsible will only have to pay 80 percent of the plaintiff’s damages. This is based on the percentage of fault assigned to each of them.
Insurance companies and their lawyers often times attempt to create arguments to support a claim of fault in the hope that this will reduce the amount that the insurance company will have to pay in settlement.