If you have been injured in an accident, you may be wondering whether you can still file a personal injury claim if you were partially at fault for the incident. The good news is that you may still be able to recover compensation for your injuries, even if you were partially to blame. However, the amount of compensation you receive will likely be reduced to reflect your level of fault in the accident.
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Comparative Negligence and Contributory Negligence
In personal injury cases, the legal principle of comparative negligence or contributory negligence is often used to determine who is at fault for an accident. These legal doctrines can have a significant impact on whether you can recover compensation for your injuries and the amount of damages you can receive.
Comparative Negligence
Comparative negligence is a legal principle that allows you to recover damages even if you were partially at fault for an accident. In comparative negligence states, damages are apportioned according to the percentage of fault assigned to each party. For example, if you were 30% at fault for an accident and the other party was 70% at fault, you may be able to recover 70% of the damages you suffered.
Contributory Negligence
Contributory negligence is a harsher legal principle that applies in a few states. Under this doctrine, if you were even slightly at fault for an accident, you may be barred from recovering any compensation for your injuries. This means that if you were 1% at fault for an accident, you may not be able to recover any damages.
How Your Level of Fault Affects Your Personal Injury Claim
If you were partially at fault for an accident, your level of fault will affect your personal injury claim in a few ways:
Reduced Damages
If you were partially at fault for an accident, the damages you can recover may be reduced to reflect your level of fault. For example, if the court finds that you were 30% at fault for the accident, your damages may be reduced by 30%. This means that if you suffered $100,000 in damages, you may only be able to recover $70,000.
Increased Evidence Requirements
In some states, if you were partially at fault for an accident, you may be required to provide more evidence to prove your claim. This is because the other party may argue that your own negligence contributed to your injuries.
Determination of Fault
If you were partially at fault for an accident, the court will need to determine the percentage of fault assigned to each party involved. This can be a complex process that involves examining evidence, hearing testimony from witnesses, and analyzing the circumstances surrounding the accident.
How to Pursue a Personal Injury Claim If You Were Partially at Fault
If you were partially at fault for an accident, there are a few things you can do to pursue a personal injury claim:
Seek Medical Treatment
The first step is to seek medical treatment for your injuries. This is critical even if you were partially at fault for the accident. Your medical records can serve as evidence of the extent and severity of your injuries.
Consult an Experienced Personal Injury Attorney
Consulting with an experienced personal injury attorney is essential if you were partially at fault for an accident. An attorney can review the facts of your case and help you understand your legal options. They can also represent you in negotiations with the other party’s insurance company or in court.
Gather Evidence
Gathering evidence is important in any personal injury case, but it is especially crucial if you were partially at fault for the accident. You will need to gather as much evidence as possible to prove your claim. This may include witness statements, medical records, and photographs of the accident scene.
Be Honest About Your Level of Fault
When pursuing a personal injury claim, it’s important to be honest about your level of fault in the accident. If you lie or exaggerate your role in the accident, it could harm your case. Be upfront about any mistakes you made or any actions that may have contributed to the accident.
Conclusion
If you were partially at fault for an accident, you may still be able to recover compensation for your injuries. However, your level of fault will likely reduce the amount of damages you can recover. By seeking medical treatment, consulting an attorney, gathering evidence, and being honest about your role in the accident, you can increase your chances of a successful personal injury claim.