Personal injury claims involve claiming that another party is
liable, or at fault for your injuries. Proving liability can be tricky, and often
times both parties will staunchly refuse to admit liability, particularly
in a complex case where both parties have strong arguments. Sometimes
this can draw the case to a standstill, and the longer litigation proceeds
the more likely it seems as though both parties were partially responsible
for the incident.
When this is the case, both parties may benefit from a “split liability
agreement,” which essentially says that both parties will share
liability for an accident based on a certain percentage. If both parties
were equally at fault, they might opt for a 50/50 split, with each party
paying for half of the damages. In other cases, someone who directly caused
the accident may take 75 percent of the fault while someone who was injured
more so by their own negligence might claim 25 percent. The provisions
are up to those involved and depend on the circumstances of your case.
Advantages of a Split Liability Agreement
Split liability agreements have some advantages for injury victims in that
they can bring a quicker and more concise end to your case, preventing
it from dragging on and hogging more resources. For example, let’s
say you’re involved in a car accident where you rear-ended the other
driver. However, the other driver failed to look into their mirrors and
notice that they were merging lanes in front of oncoming traffic, causing
them to dart in front of you before you could stop to avoid hitting them.
The other driver contends you were going too fast, while you contend the
other driver didn’t check their surroundings.
A case like this could go on and on if neither party concedes. A split-liability
agreement would enable both parties to accept a certain percentage of
fault for the incident and then have their claims resolved with their
When Should You Use a Split Liability Agreement?
A split liability agreement isn’t always appropriate. For example,
if you were injured in an accident where spilled water on a smooth floor
caused you to fall and become injured, you had no fault in the accident,
especially if the spill was not properly indicated with signage or the
liquid was clear-colored, making it impossible to see. In these instances,
the plaintiff will likely be held liable for the danger on their premises.
However, for car accidents and other complex injury cases in which multiple
factors could have all influenced the incident simultaneously, a split-liability
agreement could actually have substantial benefits. If your vehicle has
not been fixed and your medical bills remain unpaid because your case
has gone back and forth in court for so long, then you’re probably
better off accepting split liability and then receiving the payment for
your losses, minus your percentage of fault.
Before accepting any split liability agreements, it’s highly advised
you contact and discuss your case with a Martin County personal injury lawyer.
Lauri J. Goldstein & Associates, PLLC have represented the best interests of Florida’s injured and bereaved
with a remarkable amount of success. With more than 70 years of combined
legal practice experience, our firm can provide your case with the trustworthy,
highly-skilled representation it deserves. We tirelessly fight for your
best interests in order to let you recover without having to worry about
the stresses and complexities of your injury case.
Call Lauri J. Goldstein & Associates today at 866-675-4427 to request a
free consultation and get the help you need with your injury claim from a skilled and proven