Will I Get Compensated If the Accident Was Partially My Fault?

September 15, 2020 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

After you’re in an accident, you might immediately go to a lawyer to find out whether you can file a lawsuit for compensation. Were you partially at fault for the accident? Does that prohibit the ability to gain compensation? Your lawyer can explain more in detail, but the following is some basic information so you can start to understand partial fault and compensation.

Comparative Negligence Laws

Comparative negligence takes a look at the situation you were in to determine who carries more fault. In some states, the individual who carries the bulk of the fault cannot receive any compensation. This means if you are more than 50% at fault for your accident and your injuries, the other party could gain compensation from you instead.

In other states, both parties receive compensation based on how much each of them were at fault. For example, say you were hit by someone who ran a red light while you were passing through an intersection. After an investigation, it was determined you were partially at fault because you were texting while driving. The driver who ran the red light might hold 80% of fault, while you might hold 20%. If the settlement ended up at $100,000, you would receive $80,000 and the other driver would receive $20,000.

Another example includes you tripping and falling on another homeowner’s sidewalk because they did not repair a crack. If you were distracted by something in the sky and weren’t watching where you were walking, it may be determined you carry partial fault for your injuries. Because the homeowners received no injuries or property damage, they would not be entitled to compensation, but you would still only be able to receive a percentage of the settlement.

Other Resources for Financial Assistance

If you carry too much fault for the accident and are unable to get all or part of the compensation you feel you deserve, there are other resources from which to gain financial assistance. Your personal health insurer could pay for some of your medical bills. You might qualify for Medicaid or Medicare. If you’re out of work because of your injuries, you might qualify for unemployment. Your lawyer could also help you figure out where to turn for financial assistance.

Contacting a Lawyer Today

When you’re injured in an accident, there will be a determination made about who is at fault. If you carry partial fault, you might still be entitled to compensation. Contact a personal injury lawyer today to find out how.

Contact Our Virginia Lawyers

We serve clients throughout Virginia — from Charlottesville and Central Virginia to metropolitan Richmond; Harrisonburg and the Shenandoah Valley to Roanoke; and the cities of Hampton Roads to the Northern Virginia cities of  Fairfax, Alexandria and Arlington.

To speak with one of our attorneys, please call us at (434) 817-3100.

Our Virginia personal injury lawyers at MartinWren, P.C. have a statewide practice and offer free consultations at a time and location that is convenient for you.  We will gladly meet with you at your home or at the hospital, even on nights and weekends.


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