Can I Still File for Personal Injury Claims If I Am Partially at Fault in the Accident?

You might be concerned about who will foot the bill for your damages if you were hurt in a car accident because a compensation claim can be challenging to pursue. You may still be entitled to personal injury claims even if you contributed to your injury somehow. However, your ability to collect money will be lessened by the degree of your fault. For instance, if your negligence is 40%, your damages are reduced by 40%.

The prospective outcomes of personal injury claims are highly varied. Individuals may be held accountable by the law if their carelessness or recklessness resulted in harm to another person. That sounds straightforward, in theory. Accidents are frequently the consequence of multiple factors, and those who were hurt may have some blame.

The laws of the jurisdiction where the accident happened determine whether you are eligible to make a personal injury claim if you are partially at fault in the accident. Comparative negligence, or contributory negligence, is a legal theory in some countries to calculate the degree of fault and the accompanying damages.

The objective of comparative negligence is to assign blame to the parties concerned relatively. The court or insurance adjuster will decide how much blame is put on each side if you are partially to blame. The blame placed on you will subsequently be deducted from your potential settlement. For instance, if the total losses are $100,000 and you are judged to be 30% at fault, you might only be qualified to receive $70,000 (representing the remaining 70% of the damages).

However, a contributory negligence rule is applied in some jurisdictions. If you are determined to have any guilt at all, no matter how minor, you can be prohibited from obtaining compensation under this strategy. This tight requirement might be complex for those making personal injury claims since even a small degree of fault can bar them from collecting compensation.

Compensation That Can Be Recovered in A Car Accident Claim

Depending on the specifics of your case, you may be eligible for different amounts of compensation. Recoverable compensation typically consists of Current and future medical costs, lost wages, potential lost future earnings, property damage, pain and suffering, mental anguish, and loss of companionship and pleasure.

How To Make Your Case Stronger

If the other motorist was at fault, you must have sufficient proof to support your claim for compensation. Hiring a vehicle accident lawyer as soon as possible is among the most significant ways to achieve this. They will carry out a comprehensive, independent investigation and gather all relevant data to support your claim. 

Finally, it is very beneficial to have pictures of the accident scene if possible.