Anyone that has suffered an injury as a result to another individual's negligent or reckless behavior is entitled to recover monetary damages. However, there are instances when both involved parties share the fault for the accident. If you have recently been involved and injured in an accident and have been deemed partially to blame, you likely have some questions about pursuing compensation. Here are a few commonly asked questions that you may have.
Are You Able to File a Legal Claim When You Are Partially at Fault?
In a lot of states, you are unable to file a personal injury lawsuit if you are to blame for any portion of the accident. However, in some states, they operate under the comparative negligence rule. Under this concept, regardless of how much you are at fault for the accident, you may still be able to recovery monetary damages, but the amount that you are able to recover will be reduced in proportion to how much you are found to be liable.
How Can You Prove the Fault of the Other Party?
In order to prove fault, it must be shown that the other party had a duty of care to you and show how that duty was ultimately breached. It needs to be shown that the other party's negligence directly resulted in your injuries and that you now have monetary damages due to the accident. A personal injury attorney has experience proving fault, so it may be a good idea to work with one in this matter.
What Is Needed to Build a Strong Case?
Following the accident, make sure that you take photos of the accident scene and your injuries. Seek medical care immediately after the accident and maintain a detailed record of everything. You should also think about keeping a journal of your interactions with insurance agents, doctors, etc. as well as your pain and suffering. A personal injury attorney should be hired, as they can help in gathering the necessary support evidence. In addition, they will have the resources necessary to compile police reports, expert testimonies, witness statements, etc.
Depending on the state in which you live, it may still be possible to receive compensation for the injuries that you have suffered even if you are partially at fault for the accident that you were involved in. However, to get through the legal process, it may be a good idea to hire a personal injury lawyer for assistance.Share