Can You Still Seek Compensation If You Are Partially At Fault In A Personal Injury Case?

Being involved in an accident does not always mean one party is entirely to blame. In many cases, both parties share some level of fault. If an injury victim believes they may have been partially responsible for the accident, they may wonder whether they can still recover compensation. The answer depends on the state’s laws and how fault is determined. Understanding how comparative fault and contributory negligence impact a claim can help injury victims with an experienced Provo, UT personal injury lawyer protect their rights and secure fair compensation. Strong Law Accident & Injury Attorneys have extensive experience in dealing with personal injury claims and will know what kind of compensation you can file for, as well as what amount is appropriate. We have covered a very wide range of cases, so you just need to give us a call to set up a free consultation. 

How Comparative Fault Affects Compensation

Most states follow some form of comparative negligence, which allows an injured party to recover compensation even if they were partially at fault. However, the amount of compensation is reduced based on their percentage of fault. There are two main types of comparative fault systems:

Pure comparative negligence allows victims to recover damages even if they were up to 99 percent at fault, but their compensation is reduced by their percentage of responsibility. For example, if an injured party is awarded $100,000 but is found to be 30 percent at fault, they would receive $70,000 instead.

Modified comparative negligence allows victims to recover compensation only if their level of fault is below a certain threshold, typically 50 percent or 51 percent. If they are found to be equally or more responsible for the accident, they may not receive any compensation.

Because comparative fault laws vary by state, consulting a legal professional can help determine how they apply in a specific case.

Understanding Contributory Negligence

A few states still follow contributory negligence, which is much stricter. Under this system, if an injured person is even one percent responsible for the accident, they may be barred from recovering any compensation. This harsh rule often leads to insurance companies aggressively trying to place blame on the injured party to avoid paying a claim.

In states that use contributory negligence, having strong legal representation is crucial. A lawyer can gather evidence, challenge unfair claims of fault, and present a case that maximizes the chances of receiving compensation.

Proving That The Other Party Bears Greater Responsibility

Even if an injury victim shares some fault in an accident, they may still have a strong case. To maximize compensation, it is important to present evidence that the other party’s negligence played a more significant role. This may include:

• Witness statements confirming the other party’s reckless or negligent behavior
• Traffic camera or surveillance footage showing how the accident occurred
• Police reports that document violations, such as speeding or distracted driving
• Medical records linking the injury directly to the accident, not a pre-existing condition
• Expert testimony from accident reconstruction specialists who can analyze fault percentages

A skilled attorney can help gather and present this evidence to minimize the impact of shared fault and argue for a fair settlement.

How Insurance Companies Use Partial Fault To Reduce Payouts

Insurance companies often try to place partial blame on injury victims to reduce the amount they have to pay. Adjusters may ask misleading questions, twist statements, or use unclear evidence to argue that the injured person was at least partially responsible. This is why it is important to be cautious when speaking with an insurance company after an accident.

Having legal representation helps prevent insurance companies from taking advantage of victims. A lawyer can handle all communications, negotiate a fair settlement, and push back against unfair claims of fault. Your lawyer may even encourage you to figure out how to get lost wages due to issues with your work. 

Seeking Compensation Even With Partial Fault

Even if an injury victim was partially at fault, they should not assume they are ineligible for compensation. Many factors influence fault determinations, and an experienced personal injury lawyer can help navigate the legal complexities. By gathering strong evidence, countering insurance tactics, and negotiating aggressively, injured individuals can still recover damages for medical bills, lost wages, and pain and suffering. Strong Law Accident & Injury Attorneys have 4.9 stars and over 98% success in court, which is why it is important to secure legal counsel from us as soon as possible. 

Understanding how fault impacts a claim is key to ensuring that injury victims do not settle for less than they deserve. Seeking legal guidance early can make all the difference in achieving a fair and just outcome.

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