Can I Still Pursue Compensation if I was Partially at Fault for My InjuriesLast updated on: September 20, 2022
Determining the responsible party is one of the most crucial aspects of a personal injury case. Although some defendants are entirely responsible for the victim’s injuries, in most cases there are multiple people whose negligent or thoughtless acts caused the harm to occur. Ultimately, the facts of the case dictate the victim’s ability to recover their damages in court.
If you were injured in an accident that you were partially responsible for, you can still seek compensation for your injuries. People second guess themselves when it comes to claims for injuries that they may have caused. In many cases, what caused the accident is not known by either party without further investigation.
This article will cover the different legal standards that may apply if you were partially at fault for your injuries, what you can do after an accident to help your case and the ways that a personal injury lawyer can help you pursue a personal injury claim. Depending on the facts of your case and the jurisdiction in which the injury occurred, you may still be able to recover damages in court.
If you or a loved one were injured but may have been partially at fault, call Zinda Law Group at (800) 863-5312 for a free case evaluation.
What Is the Difference Between Contributory Negligence and Comparative Negligence?
Allocating blame in an accident claim involving several parties can be challenging for both plaintiffs and defendants. In the end, the ability to recover in these types of cases depends on the laws of the jurisdiction where the accident took place. For personal injury claims, states often follow comparative or contributory negligence arguments. Depending on the legal doctrine followed in your state, your ability to recover may vary.
The standard of contributory negligence comes from the common law, and it aims to prohibit recovery by victims who were even slightly at fault for their injuries. In a state operating under a contributory negligence system, victims who contribute to the accident are almost always barred from recovery.
Thankfully for personal injury plaintiffs, the doctrine of contributory negligence is applied by courts in a minority of jurisdictions. Today, only five states use the standard of contributory negligence.
Comparative negligence is the standard applied by courts in the majority of jurisdictions. Unlike contributory negligence, comparative negligence allows plaintiffs to recover for their injuries, even if they were partially at fault.
Under this standard, your ability to collect damages is based on the percentage of fault that you share in the accident. This allows plaintiffs to assign blame and seek compensation from parties accordingly.
What Is Modified Comparative Negligence?
In states that apply modified comparative negligence, if you were 50 percent or more at blame for the accident, you are not eligible for any compensation. In addition to making it more difficult for plaintiffs to recover, this necessitates that they properly assign blame to avoid entirely carrying the cost of their losses.
What Should I Do After an Accident To Help My Case?
The recovery period after an injury can be upsetting and can lead to great stress. It can be challenging to compile this evidence, particularly if you don’t know in advance what records you need to keep. Fortunately, victims can take some proactive measures to support their accident claims in court. These actions include the following:
Seek Medical Treatment
After an accident, victims should seek medical assistance right away. Some injuries may seem mild at first and then get worse over time. We advise all victims to get medical attention as soon as possible.
Document the Accident
In personal injury lawsuits involving damages and negligence, documentation of the accident is crucial. If necessary, contact the police and file a report detailing the specifics of the accident, including information about witnesses, injuries, and property damage. In addition to a written report, you should also take pictures of your injuries and the accident scene.
Keep a Record of Expenses
After the accident, you should keep a detailed list of all expenses related to the accident. Accident-related expenses typically include:
- Medical bills
- Lost wages
- Cost to repair/replace damaged property
By documenting your expenses, you can receive compensation for your economic losses.
Contact an Attorney
In personal injury cases, having a successful claim comes down to providing enough evidence to support your factual contentions and legal arguments. The personal injury lawyers from Zinda Law Group have extensive experience with these types of claims. To schedule a 100% free consultation with a personal injury lawyer call (800) 863-5312.
How Can an Injury Lawyer Help Me Pursue My Claim?
Even though it’s possible to win in court without the assistance of an attorney, consulting with a legal professional could significantly improve your chances of being compensated for your injuries. After your free case evaluation, an attorney can help your case by:
Determining Applicable Laws
Different jurisdictions apply different standards depending on the facts of the case and impose varying statute of limitations for accident claims. A personal injury lawyer can use their localized legal knowledge to comply with filing deadlines and compile evidence to meet different negligence theories.
Assess Party Liability
Designating liability amongst multiple parties proves to be a daunting task in these types of cases. An experienced attorney can assess the facts of your claim and allocate party fault accordingly. Additionally, an injury attorney can assist you in determining the value of your injuries.
Evidence Collection and Preservation
The evidentiary record is used to establish a causal link between the injury and the acts or omission of the defendant. As time passes, evidence deteriorates, and eyewitnesses begin to forget important facts about the incident. An injury attorney can help you contact parties, file reports, and gather evidence.
Negotiate a Fair Settlement
A responsible party would be covered by insurance that will help them cover their liability. However, insurance coverage may not be enough to cover your injuries, at which point it becomes extremely important to have a lawyer who can negotiate a fair settlement.
Need Help? Contact Zinda Law Group Today
For injury victims, an accident can be a life-changing event. Some injuries need ongoing care, resulting in financial and emotional drainage. Depending on the facts of your case, you may be able to file a personal injury claim, even if you contributed to the accident.
If you or a loved one was hurt in an accident, you should speak with a personal injury attorney as soon as possible. Call Zinda Law Group at (800) 863-5312 to schedule a free consultation with one of our injury attorneys today. And you won’t owe us anything unless you get a judgment in your favor – that’s our “No Win, No Fee Guarantee”