Can I File a Personal Injury Claim Even if I’m Partially at Fault?
Written by AskTheLawyers.com™
Written by AskTheLawyers.com™
If you suspect you might have been partially at fault for the accident in which your injury occurred, it can be hard to know if you are still eligible to receive compensation in a personal injury claim. A person’s eligibility to file a personal injury claim even if they are partially at fault for the injury varies from situation to situation, and it depends largely on the type of case and state where the accident happened.
There are a variety of common personal injury cases in which you may still be eligible to receive compensation even if partially at fault. It should be noted that your eligibility to receive compensation when partially at fault will vary from state to state.
Even if you were partially at fault for a car accident, you may still be eligible to receive compensation.
It’s common for fault to be divided between parties involved in a car accident. However, in states which allow compensation even when the injured party is partially at-fault, the compensation is often altered or reduced by the percentage of fault you are decided to have for the accident. The general rule of thumb is that you may still be eligible to receive some kind of compensation if you are 50 percent or less at fault.
If you were partially at fault in a pedestrian accident, you may still be eligible to receive compensation.
Jumping out in front of a vehicle, failing to use a crosswalk, and walking out in front of traffic are common ways that pedestrians contribute to their own injuries in a pedestrian accident. Depending on the state, if a pedestrian is partially responsible for the accident that caused their injuries they may no longer be eligible for compensation from the operator of the vehicle, or only eligible for diminished compensation. It should be noted that some states are considered “fault” states in regard to pedestrian accidents, while others are considered “no-fault states”. If you live in a no-fault state, the injured party will be responsible for their own medical bills.
It’s important to say as little as possible to the other driver and their insurance company.
One of the most important factors that can decide whether an injured party receives compensation or not is what they say to the other driver and the other driver’s insurance company. It is essential to say as little as possible when dealing with other parties involved in your accident. Even a blanket apology could be used to imply your fault in a personal injury case.
When the other driver’s insurance company calls you, they will often try to convince you to say something that can infer your fault in the accident. This is why it’s a good idea to simply ask for the contact information from the insurance company and let them know your lawyer will be in touch. A personal injury lawyer will know what to say to avoid admitting liability on your behalf, protecting the possibility that you can receive compensation even if partially at fault. Similarly, it is important to refrain from verbally agreeing to or signing anything from the other driver or insurance company.
If you think you might be partially at fault for an accident in which you were injured, but would still like to pursue compensation, seek legal counsel to learn more about your rights and what you might be eligible for.