Personal Injury: What If You’re Partially at Fault?

Personal Injury Liability

To receive compensation for personal injury, you need to know who was responsible so you can file a claim with the appropriate insurance company. How do you know who the responsible party is? What if you were both partly at fault for the incident? It might be easier than you think to determine fault, and it could get difficult as well if one or more parties have varying stories about what happened. An attorney can help you work out all the particulars so you receive proper compensation.

How Do You Prove Fault?

When dealing with insurance companies, it’s not the same as proving something to a court of law. You can simply give a detailed account of what happened to inflict your injuries, which allows the insurance adjuster the right information to make the call. If the other party is determined to be at fault, his or her insurance company may offer you a settlement. If you are determined to be at fault, your insurance company might offer the settlement.

What If You’re Partially at Fault?

In some cases, neither party is given 100% fault for the incident. It’s possible you’ll be partially at fault and the other party will carry the other portion of responsibility. Even in such a situation, you can often receive some sort of compensation. For example, if you were determined to be 25% at fault for your injury, and you are awarded $4,000 in damages, you would only receive 75% of that amount, or $3,000.

Are You at Fault Because of Physical Impairments?

If you have a physical impairment that aggravated the situation, you generally won’t be found to be at fault simply because of that impairment. For example, if you have poor eyesight and could not see a crack in the sidewalk, even with your walking stick, you wouldn’t be responsible for your injuries if you tripped and fell. The property owner who is responsible for fixing that crack would typically be liable for your injuries because even those with physical impairments deserve the same amount of protection as anyone else.

Determining Fault With a Lawyer

You don’t have to get a lawyer involved if you feel your case is moving ahead smoothly and the insurance company is treating you fairly, though a lawyer can assist you in getting fair compensation. Whether you plan to sue the other party or simply need some guidance regarding insurance, contact a personal injury attorney today to get started.