Can I Still File a Claim if I Was Partially at Fault?

Many injury victims assume they can’t recover damages if they were partly to blame for an accident. Fortunately, the law often provides avenues for partial recovery depending on the jurisdiction and type of negligence law in place.

Most states follow a version of comparative negligence, where your compensation is reduced by your percentage of fault. For example, if you were 20% responsible for a car accident and your damages total $100,000, you might still recover $80,000.

There are two main types:

• Pure comparative negligence allows you to recover damages even if you were 99% at fault (though you’d only get 1% of your damages).

• Modified comparative negligence bars recovery if your fault exceeds a certain threshold (usually 50% or 51%).

A few jurisdictions still apply contributory negligence, which prevents any recovery if you’re even 1% at fault.

Call us at Silverback Legal LLP for your free consultation: 866.733.6225.