I Was Told That I Was Partially At Fault For My Accident. Can I Still Pursue A Claim For My Injuries?
- October 4, 2017
If you are hurt in an accident, you can make a claim for damages. This is generally true even if you have been told that you were partially at fault. It is important to point out that just because someone says that you were liable for a crash doesn’t mean that you were. An attorney may be helpful in pursuing a personal injury claim and getting as much compensation as possible.
Were You Actually at Fault?
If you are told that you are partially at fault in an accident, you should first consider the source of that information. This is because the insurance company representing the person who hurt you would like to settle the case for as little money as possible. The person who hurt you may also be willing to say whatever it takes to convince you to settle for less than you may be entitled to. As with any other legal matter, the evidence will ultimately decide who was at fault, and an attorney may help interpret the evidence in a manner that is favorable to your cause.
Context and Perception Matter
When it comes to negotiating a personal injury settlement, context and perception matter just as much as the facts do. If the person who hurt you was a celebrity, he or she may give you what you want to make the case go away. The same may be true if the liable party was a major corporation or related to a major corporation. This may help you get the money you seek even if your argument isn’t the strongest.
If a case goes in front of a jury, there may be explanations that some members may find plausible enough to render a favorable ruling. For example, if you were deemed to have made an illegal left turn prior to an accident occurring, that may imply that you are liable for the accident.
However, if you made that turn because someone else slammed on their brakes suddenly, an attorney may argue that making the turn was actually an effort to avoid another crash. In such a scenario, the liability may shift to another party all because your attorney put your actions in their proper context.
You Still Can Still Be Compensated
In the event that you are found to be partially at fault for an accident, you may still collect a portion of any award granted. For example, if you were deemed to be 10 percent at fault for an accident, you could collect 90 percent of a settlement or jury award. Even if you were deemed to be 50 percent at fault for your injuries, you could still receive thousands or millions of dollars to help pay medical costs and cover other expenses.
Don’t Settle Before Talking to an Attorney
One of the biggest mistakes that a person can make is settling a case without talking to an attorney. Once a case has been settled, it is unlikely that it can be opened again. This may be true even if new evidence emerges that reduces your liability in the matter.
It may also be true even if you develop pain or other injuries that you weren’t aware of in the immediate aftermath of the accident. Your attorney will likely advise you to see a doctor, to monitor your symptoms and to say nothing about the case. By staying patient, it may be easier to get a favorable outcome in a case whatever that may be.
If you have been in an accident, the first thing that you should do is get treatment. Afterward, talk to an attorney about your case. It may be premature to assume that you aren’t entitled to compensation based on what others have told you. An attorney may work as your advocate to ensure that your rights are protected regardless of your role in causing a crash.