When replaying the events surrounding your personal injury in your head, you may realize that you are not entirely blameless. Still, you believe that someone else is partially or primarily to blame, and they should owe you money. Whether that is the case depends on the laws of the state that you are in and how much of the fault you bear. You can still qualify for a settlement check or a jury award even though you are partially at fault for the accident.
Always check with a personal injury lawyer to see if you have a case for money because there are a variety of potential outcomes. Despite what the insurance company is saying, you may not be at fault for what happened, and you must fight back when it tries to blame you for the accident. Even if the insurance company succeeds in partially blaming you, you can still get paid to some extent for your injuries.
A personal injury attorney will stand up for your legal rights in an accident case, including fighting back when the insurance company claims you are at fault. They can negotiate for you to receive the maximum compensation for your injuries. If the insurance company still insists on wrongfully blaming you, a personal injury lawyer may even file a lawsuit on your behalf to have an objective jury determine who was really at fault for the accident.
You Need to Prove Negligence to Win a Personal Injury Case
To prove that someone else is legally responsible for your personal injury, you must demonstrate that they were negligent in the events surrounding your accident.
Negligence involves showing the following four elements:
- Someone else owed you a duty of care.
- They breached their duty of care by doing something ordinary people would not do under the circumstances.
- You suffered an injury.
- You would not have suffered an injury had it not been for the other party's actions.
The fourth element of the negligence test is known as causation. There needs to be a chain of causation between the acts of the potential defendant and your injuries. Essentially, to prove causation, you must show that you would not have suffered an injury but for the other party's actions.
If You Bear Partial Blame, the Other Party Is Not Entirely at Fault
If you were to blame in any way for the accident, there is not a complete chain of causation between what the other party did and your injuries. The question is whether the defendant is negligent if you both share the blame for the accident.
The answer to that question is that it depends on two primary factors:
- What state did the injury occur in, and what rules does it use when the accident victim is partially at fault
- What percentage of fault for the accident you bear
Each State Has Laws About Partial Blame for the Accident Victim
Different rules in each state govern situations in which you and another party share the blame for your injuries. At one end of the spectrum, some states bar you from receiving compensation entirely if you were even one percent to blame for the accident. However, this rule is only in use in a minority of states. Although it seems like a very unfair result for you to come away with nothing, even if you bear only a tiny portion of the blame, it is the reality you are dealing with in some states.
Insurance companies try to take full advantage of this seemingly harsh law to attempt to avoid paying you entirely. For example, suppose you were traveling over the speed limit when another driver ran a red light and caused you serious injuries. In that case, you may not recover any financial compensation in these states.
At the other end of the spectrum, some states have victim-friendly laws that allow you to file a claim, so long as you are not 100 percent to blame for the accident. It does not matter whether you have done something egregiously wrong yourself; you may still have the legal right to financial compensation, allowing you more circumstances to file a personal injury claim.
In these states, the percentage of fault you bear for the accident reduces the amount of your recovery. For example, if you suffered $500,000 in damages and were 20 percent to blame for the accident, your financial recovery can be reduced by 20 percent to $400,000. This is only an example and no indication of what might happen in your case.
Although this legal system is seemingly friendly to you as the accident victim, it is also a double-edged sword. Insurance companies may cast at least part of the blame on you to save themselves money. When any allegations of partial blame arise, whether true or not, you need an injury attorney to address the matter.
When Fault is a Close Call, it can Threaten Your Compensation
In the middle, many states have a system that combines the above-described two legal rules and elements of both laws. In these states, you may have a legal right to personal injury compensation if you were less than half to blame for the accident. You cannot seek compensation if you are more than 50 percent to blame for what happened. If you are less than 50 percent to blame for the accident, the percentage of fault you bear will reduce your compensation.
Under this system, accidents that are close calls may leave your ability to receive any compensation hanging in the balance. For example, you may have suffered an injury in a slip and fall accident. The responsible party may claim that you were responsible for your injury because you were not looking where you were going even though there was debris in your walking path. Here, there is a genuine question of whether you can get a check or end up empty-handed.
Your Personal Injury Attorney Can Defend You From Wrongful Allegations
If you are facing accusations of fault in the accident that caused you to suffer an injury, you need to fight back if the allegations are not correct. Your ability to receive compensation and how much money you may get are both on the line. Insurance companies have a motivation to blame you for some or all of the accidents whenever they can. It makes financial sense for them to try to find a way to say that you were at fault because it means they will pay less.
You can counter what the insurance company is saying with the help of a personal injury attorney. Although it may not seem right, you may have to prove that you were not entirely at fault to receive financial recovery. In the same way that your personal injury lawyer will gather evidence that shows the other party was at fault, they may also need to collect proof that you were not solely to blame.
A personal injury attorney can use statements from witnesses who saw the accident as proof that you did nothing wrong. They may also use pictures from the accident scene or video camera footage of what happened to help exonerate you from any allegations. In complex cases, your personal injury lawyer can also work with expert witnesses to give their opinion on what happened to cause your accident.
The Insurance Company Should Not Make the Conclusive Decision
Even if the insurance company tries to blame you for the accident partially, it is nothing close to a binding determination. Insurance companies will factor the percentage of blame they think you bear into the amount they offer you as a settlement. However, their offer is only their attempt to resolve your case before you have to go to trial.
You can and should fight back if insurance companies are wrongfully accusing you of fault in your accident. You can informally counter their allegations in settlement negotiations, hoping they back down when the evidence shows they are wrong. If the insurance company does not budge and insists on wrongfully blaming you, a personal injury attorney can take your case to court and let a jury decide.
The threat of litigation may force insurance companies to come off of an unreasonable position because a jury’s decision can lead to a worse result for them. However, you also take the chance that a jury rules against you entirely, meaning you will not get money for your case.
Get Legal Help from a Personal Injury Attorney Immediately After the Accident
The fact that the insurance company may try to blame you for the accident is why you should contact a personal injury attorney immediately after an accident. Insurance companies may contact you to discuss the case and try to trap you into saying something that undermines your claim. You may not understand that you have no obligation whatsoever to speak with insurance companies. When you hire an attorney, you can direct the insurance company to contact your lawyer whenever they try to talk to you.
At the same time, you need a personal injury attorney to gather evidence to prove fault while it is still available. Proof may only be there for a limited time, and if you miss the chance to collect relevant evidence, you cannot fight back when the insurance company tries to blame you for the accident. A personal injury lawyer will launch their own investigation of your accident as soon as you hire them, hopefully before you lose the proof you need to win your case.
Never draw any assumptions about fault for an accident until you speak with a personal injury attorney. You may think you are partially to blame for the accident, but the facts can exonerate you of all fault once a personal injury lawyer performs an investigation. Always let a personal injury attorney help determine whether you have a claim worth pursuing.
A Personal Injury Lawyer Will Evaluate Your Case
A personal injury lawyer will not accept your case if they do not feel you have a reasonable chance of obtaining compensation. First, they will not file a claim or lawsuit they know lacks merit. Second, a personal injury attorney works for you on a contingency basis, meaning they do not want to spend time and resources on a case that is not likely to pay them.
A contingency fee arrangement allows anyone, regardless of financial situation, access to skilled legal representation. The lawyer will assess the merits of your case and determine if it is strong enough to pursue. If they believe you have a valid claim, they will take on your case and handle all the legal work on your behalf.
With a contingency fee arrangement, you will not owe any legal fees if your lawyer does not secure a favorable outcome. This arrangement incentivizes your attorney to work diligently and achieve the best possible result for your case, as their payment is contingent on winning.
Additionally, hiring a personal injury lawyer on a contingency fee means you will not have to worry about the financial burden of paying for legal services upfront, allowing you to focus on your recovery and move forward with your life. In essence, your lawyer is taking on the financial risk so that you can focus on healing and rebuilding your life after the accident.
If a personal injury lawyer is willing to accept your case, it is a sign that they think there is a reasonable chance you can get money for your injuries. Once they take your case, your personal injury attorney will immediately go to work to gather proof demonstrating liability and push back on any attempts the insurance company makes to blame you for your accident injuries.
When the insurance company tries to blame you for an accident, having an experienced personal injury attorney is essential. A skilled lawyer will thoroughly examine your case's circumstances, gather evidence, and build a strong argument to maximize your chances of recovering fair compensation. They will negotiate with insurance companies, handle all legal paperwork, and fight for your rights, ensuring you do not miss out on the payment you deserve.