Navigating the aftermath of an injury can be overwhelming, especially if you might share some blame for what happened. You may be left wondering, “Can I still file a lawsuit if I was partially at fault for my injury?” The short answer is yes, but it largely depends on the laws in your state. Let’s break this down so you can understand how your level of fault might affect your case.
Understanding Comparative Fault
When it comes to personal injury cases, many states follow what’s known as “comparative fault” or “comparative negligence” laws. This concept allows an injured person to seek compensation even if they were partly responsible for their injury. However, the amount you can recover is usually reduced by your percentage of fault.
Types of Comparative Fault Rules
There are generally three types of comparative fault rules used across different states:
1. Pure Comparative Fault: In states like California and New York, you can recover damages regardless of your level of fault. This means if you were 90% responsible for your own injury, you could technically still recover 10% of the total damages.
2. Modified Comparative Fault: Most states follow a modified version where you can recover damages only if you are less than a certain percentage at fault (commonly 50% or 51%). For example, if you were found to be 40% at fault, you could still recover damages, but if you were 55% at fault, you could not.
3. Contributory Negligence: This is the most rigid rule and is used by just a handful of states, like Alabama and Maryland. Here, if you’re found to be even 1% at fault, you may be barred from recovering any compensation.
An Example to Illustrate
Imagine you’re involved in a car accident where you were rear-ended at an intersection. However, you were texting at the time. The court determines that the other driver was 80% at fault for not maintaining a safe distance, while you were 20% at fault for being distracted.
In a pure comparative fault state, if your total damages were $10,000, you could still potentially receive $8,000. Conversely, in a modified comparative fault state with a 51% threshold, you’re fine to recover damages because you’re under the limit, receiving that same $8,000. But in a contributory negligence state, you’d likely receive nothing due to your small share of fault.
Practical Tips
- Know Your State’s Rules: The first step is understanding which rule applies in your state. This will give you a clearer picture of your legal standing.
- Gather Evidence: Documentation is vital. Gather as much evidence as possible—from photographs to eyewitness accounts—to accurately represent the circumstances of your injury.
- Consult an Attorney: Personal injury law can be nuanced and complex. A qualified attorney can provide personalized advice and potentially help you navigate the claims process more effectively.
Filing a Lawsuit
If you decide to move forward with a lawsuit, expect that the other party will likely argue to minimize their responsibility and possibly maximize yours. A lawyer can help counter these arguments and help to present your case in the best light, aiming for a fair distribution of fault.
Conclusion
Being partially at fault for an injury doesn’t always shut the door on compensation. By understanding which comparative fault system your state uses and knowing how to build a strong case, you may still recover damages. Every case is unique, so leveraging a lawyer’s expertise could be essential in ensuring you receive the compensation you deserve. Remember, even a small recovery can help cover medical bills, lost wages, and other expenses related to your injury.
