What Happens If I am Partially At Fault For A Personal Injury?

When a person is injured by the negligent acts of another person, he/she has the right to contact a personal injury lawyer and file a claim. When a counselor files a personal injury claim is to hold the at-fault party accountable for their negligent actions and demand compensation for the injuries they have caused.

But sometimes, more than one person may be partially to blame for the accident. And on some occasions, one of the negligent parties is the person who is filing the personal injury claim. What happens if you are partially to blame for your injuries? Is it possible for you to file a lawsuit? Keep reading to learn all about it.

How Much Liability Do You Have?

The first thing you need to know is that when it comes to determining liability for an accident, usually, the courts and the insurance company will rate it on a percentage-based scale.

They need to answer the following questions:

  • How did your conduct lead to the accident?
  • Did you act negligently by ignoring traffic laws, speeding, passing a red light, or running a stop sign?
  • Where are you not paying attention at the time of the accident?

If you are responsible for less than half of the accident, you need to understand that any compensation you receive from the other party’s insurance company will be reduced by the percentage of the responsibility you have.

For instance, if you are responsible for 10% of the accident, your compensation will immediately drop by 10%.

But, if you are responsible for half or more of the accident, you are not payable from the other party or their insurance company.

For instance, if you chose to run carelessly around a store, and you fall, you may be responsible for more than half of your injuries, even if the store has an object that led to your injuries. In this case, you might not be able to file a personal injury claim as the store’s insurance company may owe you nothing for your injuries.

How To Determine The Percentage Of Fault?

Usually, to determine the percentage of fault you have in an accident begins by analyzing the accident itself.

The insurance company will look at the factors that contribute to the accident. This might include:

  • The police report
  • Any evidence like videos or traffic cameras
  • Witness declarations
  • Photos from the accident scene.

Finally, remember if you were in an accident and whether you were responsible for 10% or 49% you can contact a personal injury lawyer to get the compensation you deserve for your injuries.

Leave a comment