Can You Receive Compensation If You Are Partially at Fault for Your Accident?

Can You Receive Compensation If You Are Partially at Fault for Your Accident?

When you’re involved in any type of incident that results in personal injury, you probably want a way to pay all the medical bills and lost wages you’ll incur. While it might seem like a great idea to sue the other party, fault could play a role in what type of settlement you’ll receive. Whether your injury was sustained in a car accident, slip and fall, construction incident or other situation, it’s possible you’ll receive compensation even if you are partially at fault.

Comparative Fault

In many states, there is a comparative fault scheme that determines whether you can receive compensation based on the percentage for which you are at fault for the injury. If you are shown to be responsible for 51% or more of your injury, you will not be allowed to recover any compensation.

If your fault percentage is less than that, you could be allowed to recover the total damages minus the percentage. For example, if your damages total $500,000, and you are 20% at fault, you may only be able to recover $400,000. Every state has different laws and regulations regarding this issue, so it’s important you speak with your attorney about it.

Determining Fault

If you disagree with the percentage of fault that has been placed on you, it’s possible to take the case to court to have a jury decide. Keep in mind your insurance company may have a lot of evidence to make you shoulder the blame, so you need to have even more evidence than that to put the blame back where it belongs. Your lawyer can help you collect evidence including:

  • Witness statements
  • Medical bills
  • Doctor’s statements
  • Photographs of the injury
  • Photographs of the incident

When It May Not Be Worth the Fight

There are some cases in which you will quickly realize it’s not worth the legal fight. Fortunately, most personal injury lawyers work on a contingency fee basis, so you can’t lose financially if you lose the case, but you might also have a hard time finding a lawyer to represent you if your case isn’t very strong. If it’s obvious the majority of fault lies with you, you might consider speaking with your attorney about a different avenue for paying your medical bills.

Don’t Delay a Call to Your Lawyer

It could get difficult to determine whether you are at fault, especially if everyone is saying you are, but that doesn’t mean you have to settle for something you don’t believe to be true. Contact your personal injury lawyer, like a personal injury lawyer in Memphis, TN from Wiseman Bray, PLLC, as soon as you are injured so you can work through the process with a professional.