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 insurance companies.
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 legal representative!