Sustaining an injury can be a life-altering experience. It can lead to physical pain, emotional anguish, and financial burdens. When someone else is responsible for your injury, you may be entitled to compensation for your damages, such as medical bills, lost wages, and pain and suffering. However, what if you are partially at fault for your injury? Can you still recover damages?
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Comparative Negligence
In some states, the answer to that question is yes, thanks to the concept of comparative negligence. Comparative negligence is a legal doctrine that allows a plaintiff to recover damages even if he or she is partially at fault for the injury. The amount of damages that the plaintiff can recover is reduced by his or her percentage of fault.
For example, let’s say that you were involved in a car accident and suffered $10,000 in damages. The court determines that you were 25% at fault for the accident because you were not wearing your seatbelt. The other driver was 75% at fault for running a red light. Under comparative negligence, you can still recover damages, but your recovery will be reduced by 25%. Therefore, you will receive $7,500 instead of $10,000.
Contributory Negligence
However, in some states, the answer may be no. These states follow the doctrine of contributory negligence, which is a harsher rule that prohibits a plaintiff from recovering damages if he or she is even 1% at fault for the injury.
For example, let’s say that you slip and fall in a grocery store because you were not paying attention to where you were walking. There was also a wet spot on the floor that the store failed to clean up. Under contributory negligence, you would not be able to recover damages because you were partially at fault for your injury, even though the store was also at fault.
How to Prove Fault
Regardless of whether your state follows comparative or contributory negligence, the key to recovering damages is proving fault. In a personal injury lawsuit, you must prove that the other party was negligent and that their negligence caused your injury. Additionally, if the other party alleges that you were partially at fault for your injury, you must prove that your fault was less than theirs.
For example, let’s say that you were injured in a slip and fall accident at a restaurant. The restaurant claims that you were looking at your phone instead of watching where you were walking, and that your phone use contributed to your fall. To refute this claim, you could present witness testimony or surveillance footage showing that the restaurant had failed to put up a warning sign about the wet floor, or that the floor had been wet for an unreasonable amount of time.
Consult with a Personal Injury Attorney
If you have been injured and are uncertain about your ability to recover damages, it is important to consult with a personal injury attorney. An attorney can evaluate the strengths and weaknesses of your case, help you understand the laws in your state, and negotiate with insurance companies and other parties on your behalf. With the right advocate by your side, you may be able to recover damages even if you are partially at fault for your injury.
Conclusion
In conclusion, whether you can recover damages if you are partially at fault for your injury depends on the laws of your state. Some states follow comparative negligence, which allows you to recover damages, while other states follow contributory negligence, which prohibits recovery. Regardless of the law in your state, the key to recovering damages is proving fault. If you are unsure about your ability to recover damages, it is best to consult with a personal injury attorney.