Recovering compensation for an accident if it was partly my fault
The compensation you receive after a personal injury accident will largely depend on who was at fault. Determining who receives compensation in an car accident can be very complicated, especially, if you were partially to blame. If you were injured in an accident and you were partially at fault, you must seek legal guidance from an accident lawyer as soon as possible to increase your chances of receiving the compensation you deserve. In the state of California, accident victims are still entitled to compensation in accidents, even if they were 99% at fault.
Partial Fault Compensation - Percentage of Fault Assigned
California is a pure comparative negligence state. This means that fault is assigned to multiple people in some cases. Any person found partially at fault is responsible for paying a percentage of damages. For example, if one party is found to be 10% at fault for an auto accident, their total compensation would be reduced by 10%.
Now, if party A was found to be 70% at fault for an auto accident and the jury awarded them $100,000 in damages, even though the majority of fault was placed on them, they can still recover compensation. The $100,000 award would be reduced by 70%, due to their comparative fault.
Due to California's pure comparative negligence law, don’t assume that you won’t be able to receive damages until you meet with an experienced personal injury lawyer. If you were injured in an accident in California, you can still recover financial compensation for your losses.
Damages can include:
- Past and future medical bills
- Pain and suffering
- Lost wages
- Property damage/vehicle damage
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
And other financial losses.
How an Attorney Can Help
At MVP Accident Attorneys, a Sachs Law Company, we offer free, no-obligation case evaluations to people who have been injured in a personal injury accident. There’s no obligation to hire one of our attorneys and no upfront costs. Our personal injury lawyers will only get paid if and when a client receives a favorable settlement or award.
An experienced lawyer first needs to determine whether the other party involved was negligent and will discuss your injuries, and other accident-related costs, and go over your legal rights and options.
If you decide to work with one of our attorneys, they will conduct a thorough investigation. This can include visiting the accident scene to gather evidence, obtaining photos and video footage, if available, obtaining medical records, phone records, speaking with eyewitnesses, and much more. An attorney may also consult with expert witnesses, such as economists, accident reconstruction experts, forensic accountants, private investigators, life care planners, medical professionals, and more.
An attorney will then send a demand letter to the other party. They will also handle all communication with the other party’s insurance company and defense attorneys.
If you’re filing a claim against the other party’s insurance company, you can expect a call shortly after the accident has been reported. Insurance adjusters are quick to contact accident victims and offer a fast settlement, hoping the injured party will accept their offer before they have had time to consult with an experienced personal injury lawyer.
While an insurance adjuster may seem friendly and helpful, their goal is to pay out as little as possible. They will request to record your statement and ask misleading questions that are designed to confuse you and get you to admit partial or full fault for the accident. Their job is to also assign a percentage of blame to you and their policyholder.
When you file an insurance claim, working with an attorney will give you the best chance of receiving the monetary compensation you deserve. An attorney will take over settlement negotiations with the insurance adjuster, to prevent you from accidentally harming your claim and to prevent the insurance agent from harassing you as you recover from your injuries.
Your attorney will not allow an insurance company to take advantage of you or try to intimidate you.
Personal Injury Lawsuit
The negotiation process can be very time-consuming and it can take several weeks or months before both you and the claims adjuster agree on a fair insurance settlement. If the insurance company refuses to offer a settlement that’s fair, your attorney can file a personal injury lawsuit. If you were partially at fault for the accident, your attorney will assign you a percentage of fault for the accident and their job will be to build a strong case that shows the judge and jury that the other party’s percentage of fault is higher.
Going to trial is only done if the personal injury lawyer believes you will have a better chance of receiving the financial compensation you deserve if your case is presented before a judge and jury. Even after a lawsuit has been filed, settlement negotiations will still take place during this time. Most cases do not go to trial and are settled out of court. The last thing an insurance company wants is an expensive, time-consuming trial.
But if your case does go to trial, the experienced litigators at MVP Accident Attorneys are prepared to fight for you in court and provide compelling evidence that will help you receive the award you deserve for the harm you have suffered.
Contact MVP Accident Attorneys Today
Contact the legal team at MVP Accident Attorneys today to schedule a free, no-obligation consultation. We can discuss your case and legal options and help you make the best choice, moving forward. Even if you were partially to blame for an accident, you are still entitled to damages for your accident-related losses. Contact us today to schedule your free consultation and let the legal team at our personal injury law firm help you pursue the award or settlement you’re owed for the harm you have suffered.
Brett S. Sachs graduated from Michigan State University College of Law with Cum Laude Honors. While attending Michigan State, Brett was awarded for his service in the Michigan State University College of Law Civil Rights Clinic, where he represented prisoners of the Michigan Department of Corrections from injustices brought upon them. Learn more.
When You’ve Been Injured
Personal Injury Law