What If You Were Partially At Fault For An Injury
Accidents are rarely simple. In many personal injury cases, the injured person may have played a small role in what happened. Whether you slipped on a wet floor while texting or were hit in a crash after failing to signal, you might still have a case even if you were not completely blameless.
Being partially at fault does not automatically block you from recovering damages, but it does affect how much you may receive. What matters most is how fault is determined and how your share of responsibility impacts your claim.
How Shared Fault Is Handled
Most states follow some version of comparative fault. This means that if both parties were responsible for the incident, the injured person can still recover compensation, but their amount may be reduced. The court or insurance adjuster assigns each party a percentage of fault, and that number becomes the basis for any payout.
For example, if you are found to be 20 percent at fault in a car accident case, and your damages total $50,000, you may only receive $40,000. The remaining 20 percent is considered your share of responsibility.
Many states follow a rule called modified comparative fault. This means you can still collect damages as long as you were not more than 50 percent at fault. If your share is greater than that, you are barred from recovering compensation.
Why Fault Can Be Disputed
Assigning blame in an accident is not always clear. Witnesses may remember events differently, and insurance companies often try to push more blame onto the injured person to reduce their payout. In some cases, things like weather conditions, lack of signage, or a faulty product might share in the cause of the injury.
For this reason, it is important to collect as much information as possible after an accident. Photos, medical records, and witness statements can help clarify what happened and prevent your share of fault from being exaggerated.
How Legal Guidance Can Help
When fault is shared, the process of seeking compensation becomes more complicated. Insurance companies may offer less than you deserve or deny your claim outright. Having legal representation can help make sure that your side of the story is fully considered.
Attorneys like those at Kantrowitz, Goldhamer & Graifman, P.C. often deal with cases where the injured person is not entirely without blame. They understand how to challenge unfair fault assignments, negotiate better outcomes, and work toward a result that reflects the full picture.
Moving Forward With A Claim
If you believe you may be partially at fault for your injury, do not assume that you have no case. Many personal injury claims involve shared responsibility. What matters is how the law applies in your situation and how well the facts are presented.
A personal injury lawyer can review your case, explain your options, and help you move forward. You might still be eligible for compensation that can cover medical costs, lost income, and other damages. The most important step is to act quickly and seek out the right support.