In the realm of personal injury law, there exists a common misconception that if you share any degree of fault in an accident, you are automatically disqualified from filing a claim for compensation. This is simply not true. The reality is much more nuanced and depends on the specific laws in your jurisdiction.
In many states, the rule of comparative negligence applies. This principle allows a victim who is partially at fault for their injuries to still recover damages, although their compensation may be reduced proportional to their degree of fault. For instance, if you are found to be 20% responsible for an accident that led to your injuries, your total compensation would be reduced by 20%.
There are two types of comparative negligence: pure and modified. In states that follow pure comparative negligence rules, victims can recover damages regardless of whether they were mostly at fault or not for the incident causing their injury. Conversely, under modified comparative negligence rules applied in some states, victims can only recover damages if they were less than 50% or 51% (depending on the state) at fault.
It’s crucial also not to assume guilt or admit blame after an accident happens because determining who was at fault isn’t always straightforward and requires thorough investigation and analysis often performed by experts in traffic laws or workplace safety regulations.
Moreover, it’s important to remember that insurance companies have a vested interest in assigning as much blame as possible onto claimants so they can minimize payouts. Therefore it’s essential not just accepting insurers’ decisions about liability without seeking independent advice.
If you’ve been injured in an accident where you believe you might be partially at fault – don’t let this deter you from exploring your legal options. It’s recommended consulting with a skilled personal injury attorney who understands how these complex laws work within your specific jurisdiction.
They will help evaluate your case accurately and guide through the claims process while advocating fiercely on behalf ensuring receive fair treatment from insurance companies and maximum possible compensation.
In conclusion, even if you bear some responsibility for an accident that resulted in personal injury, it doesn’t necessarily mean you can’t file a claim and receive compensation. The law in many jurisdictions allows victims who are partially at fault to recover damages, although the amount may be reduced by their degree of fault. It’s always best to consult with a knowledgeable personal injury attorney who can provide proper guidance based on your specific circumstances and local laws.
Munley Law Personal Injury Attorneys
27 N 6th St, Stroudsburg, PA 18360
15703384494
