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Nullam dignissim, ante scelerisque the is euismod fermentum odio sem semper the is erat, a feugiat leo urna eget eros. Duis Aenean a imperdiet risus.
In many personal injury cases, the blame isn’t entirely one-sided. You might have contributed to the accident in some way, like failing to notice a warning sign or texting while walking. Fortunately, under comparative negligence laws, you may still be eligible for compensation even if you share some fault.
Comparative negligence is a legal rule used to assign blame in an accident where more than one party is at fault. Instead of disqualifying you from recovery, it reduces your compensation based on your level of responsibility.
For example, if you were found 20% at fault and awarded $50,000 in damages, you would receive $40,000 after the deduction.
There are two main types:
Pure Comparative Negligence: You can recover damages even if you’re 99% at fault, though your compensation will be heavily reduced.
Modified Comparative Negligence: You can only recover damages if you are less than 50% (or 51% in some states) at fault.
Each state follows its own rules, so it's critical to understand the laws where your injury occurred.
Fault is determined by examining evidence such as police reports, eyewitness accounts, surveillance footage, and expert testimony. Insurance adjusters will review this evidence, and your lawyer may present arguments to minimize your share of the blame.
Be cautious when speaking with insurance companies they may try to shift blame onto you to lower your payout.
Even if your case seems straightforward, proving your share of fault can be complex. A personal injury attorney can gather strong evidence, negotiate with insurers, and fight to minimize your percentage of fault—maximizing your compensation.
Final Thoughts
Comparative negligence doesn’t have to ruin your injury claim. With a skilled attorney and the right legal strategy, you can still secure the financial recovery you deserve even if you share some of the blame.