Can I recover damages if I was partially at fault for the accident?

If you were injured in an accident and were partially at fault, you may still be able to recover damages. However, the amount of damages you can recover will be reduced based on your percentage of fault. Here’s what you need to know:

Contributory Negligence vs. Comparative Fault

  • Contributory negligence is a legal doctrine that states that if a person contributes in any way to their own injury, they cannot recover any damages from the other party. Only a handful of states still follow this doctrine.
  • Most states follow the doctrine of comparative fault, which means that a person can recover damages even if they were partially at fault for their own injury. However, the amount of damages they can recover will be reduced by their percentage of fault. In some states, the at-fault party must be deemed at least 51% responsible for the plaintiff to obtain compensation.

Determining Fault and Damages

  • In cases where both parties are partially at fault, determining fault can be complicated. It will be important to thoroughly investigate the accident to determine each party’s level of fault.
  • The damages that can be recovered will depend on the state in which the accident occurred and the specific facts of the case. In general, damages may include medical expenses, lost wages, pain and suffering, and property damage.

Factors that May Affect Recovery

  • Insurance companies may try to argue that you were more at fault than you actually were in order to reduce the amount of damages they have to pay. This is why it is important to have an experienced personal injury attorney on your side to help you fight for fair compensation.
  • If you were partially at fault for the accident, it may be more difficult to recover damages. However, this does not mean it is impossible. An attorney can help you build a strong case and negotiate with the other party’s insurance company to secure the compensation you deserve.

Call to Action

If you have been injured in an accident and have questions about recovering damages, don’t hesitate to contact The Ruth Law Team. Our experienced personal injury attorneys can help you understand your legal options and fight for the compensation you deserve. Call us today at (888) 783-8378.
You can also visit us by appointment at one of our Florida Law Offices, Minnesota Law Offices, or Georgia Law Offices.