How Comparative Negligence Affects Personal Injury Cases: What Happens If You Were Partly at Fault?

The primary purpose of filing a personal injury claim is to recover from the damages you’ve suffered financially. But what if it isn’t clear who’s at fault?

Many people assume that if they were even slightly responsible for an accident, they would not be eligible for compensation. But that’s not always true.

The legal concept of comparative negligence determines how much, if anything, a partially at-fault person can recover.

Understanding the law, calculating fault percentages, and negotiating with insurance companies is not easy. But lawyers can do all that to help you get your deserved compensation.

What is Comparative Negligence?

When multiple people are involved in an accident and share fault in some way, comparative negligence laws help determine how the fault should be shared. 

Instead of completely barring an injured person from recovery, comparative negligence allows them to recover damages according to their level of fault. It’s a legal principle used in personal injury cases to calculate how much compensation to give to each person responsible for an accident. 

There are two primary types of comparative negligence:

Pure Comparative Negligence

In states following this rule, an injured person can recover damages even if they are 99% at fault.

So, if you believe you were mostly to blame for the accident, you can still get compensation. However, it will be reduced by your percentage of fault.

For example, if you are to be awarded $100,000 in damages but are found to be 30% at fault, you will receive only $70,000 instead of the full amount.

Modified Comparative Negligence

This is the more common approach in personal injury cases.

Modified comparative negligence is further divided into two variations:

1. The 50% Rule: You can only recover damages if your fault is less than 50%. If you are equally or more at fault, you get nothing.
2. The 51% Rule: You will only get compensation if you are less than 51% at fault.

Most states, including Michigan, follow the modified comparative negligence – particularly, the 51% rule. 

So, if that’s your place of residence or the location of the accident, reach out to experienced Southfield personal injury lawyers to help you accurately calculate your percentage of fault. You can still recover damages as long as you’re not more than 50% at fault. 

How Comparative Negligence Affects Your Settlement

When negotiating a personal injury settlement, it’s important to understand how fault impacts compensation.

Insurance companies and courts usually assign a percentage of blame based on evidence; your final payout depends on that result.

For example, you were involved in a car accident where another driver ran a stop sign. But you were also speeding at the time. The court found the other driver 80% at fault and said that your speeding contributed 20% to the crash.

Your total damages are $50,000, but because you were 20% at fault, you can only recover $40,000.

In states that use modified comparative negligence laws, you would receive nothing if you were 51% or more at fault.

This is why you need an experienced and skilled lawyer. They can argue for a lower fault percentage and get you the compensation you actually deserve.

Proving Fault in a Personal Injury Case

Insurance companies and the legal teams of your opposing party will be working hard to shift most of the blame onto you and underpay you.

To protect yourself, you need strong evidence to prove that the other party was primarily responsible for your injuries.

The evidence you can use to determine fault includes:

• Accident reports that document the event. It could be a police or workplace report.
• Eyewitness statements and testimonies from people who saw what happened.
• Surveillance footage from traffic cameras, security cameras, and dashcams.
• Medical records showing your injuries and proving the 7accident caused them.
• Photos and videos that can serve as evidence of road conditions, property damage, etc.

The stronger your evidence, the less fault insurance companies can assign to you.

This is another reason why you could benefit from hiring a personal injury lawyer. They know how to gather and present evidence in a way that supports your claim.

Common Misconceptions

Because comparative negligence laws are often misunderstood, some misconceptions exist about claims and compensation.

Here are some things you might believe:

“I was partly at fault, so I can’t file a claim.”

That’s not true. In most states, you can still recover damages unless you were more than 50% at fault.

So, if you’ve sustained injuries that should be accounted for, don’t hesitate to take legal action – as long as the accident wasn’t only your fault.

“The insurance company decides fault, and I have no way to challenge it.”

This is also incorrect. Insurance companies do make the initial calculation, but their word isn’t final.

A personal injury lawyer can easily dispute an unfair fault assessment, so you don’t have to settle for anything less.

“If I don’t agree with my fault percentage, I’m stuck with it.”

You can and should challenge unfair fault assessments. Evidence, expert testimony, and legal argument can change the outcome of a claim.

Steps to Take After an Accident

If you’re injured in an accident and suspect comparative negligence might come into play, here’s what you should do:

• Document everything. Take photos, get witness information, and request a copy of the accident report.
• Seek medical attention. Even if your injuries seem minor and there’s no pain, get checked out. Some injuries have delayed symptoms and worsen over time.
• Be careful when speaking to insurers. Insurance companies might try to get you to admit partial fault.
• Don’t post anything on social media. It can be used against you.
• Contact a personal injury lawyer in your area. Legal representation can help lower your assigned fault percentage and maximize your compensation.

Final Thoughts

In some personal injury claims, comparative negligence plays a huge role. If your situation falls under this, know that your level of fault will determine how much compensation you can receive.

But the good news is that even if you were partly responsible for an accident, you might still be entitled to financial recovery.

So, if you’ve been injured and believe comparative negligence may affect your claim, don’t hesitate to seek legal advice. Knowing your rights and having an experienced attorney by your side can make all the difference in securing a fair outcome.