Personal injury Attorneys Serving Bucks County & Beyond
When it comes to personal injury claims, one of the most common questions people ask our team at Applebaum & Associates is whether they can still file a claim if they were partially at fault for the accident. The short answer is yes, but the rules and potential compensation will vary depending on where the accident occurred and the specifics of the case. In states like Pennsylvania, which follow a legal principle known as “comparative negligence,” being partially at fault does not automatically disqualify you from recovering damages. However, it can affect how much compensation you may receive.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine that determines how fault is shared between the parties involved in an accident. Essentially, if you are partially at fault for your own injuries, your compensation will be reduced by the percentage of fault attributed to you. Pennsylvania follows a modified comparative negligence rule, which means that as long as you are less than 51% responsible for the accident, you can still recover damages.
For example, if you were found to be 30% at fault for a car accident, and the total damages amounted to $100,000, your compensation would be reduced by 30%. In this case, you would receive $70,000 instead of the full $100,000. If you are found to be 51% or more at fault, however, you would not be eligible to recover any damages under Pennsylvania law.
Establishing Fault
Determining fault in a personal injury case is not always straightforward. Various factors are considered, such as eyewitness accounts, police reports, and expert testimony. For instance, in a car accident, fault could be shared between drivers if one was speeding while the other failed to yield the right of way.
When you file a personal injury claim, both your attorney and the defendant’s insurance company will investigate the details of the case to determine how much fault, if any, lies with you. Having legal representation from an experienced firm like Applebaum & Associates can help ensure that fault is properly assessed and that your rights are protected throughout the process.
The Role of Insurance Companies
Insurance companies will often attempt to place as much blame as possible on the injured party to reduce the amount they have to pay in a settlement. This is why it is crucial to have an experienced personal injury attorney on your side who can negotiate with the insurance company and ensure that you are not unfairly blamed or that your level of fault is overstated.
Your attorney will gather evidence, interview witnesses, and work with experts to build a strong case, minimizing your percentage of fault and maximizing your potential compensation.
Why Legal Representation Matters
Navigating a personal injury claim when you are partially at fault can be complicated. The other party’s insurance company may try to exploit Pennsylvania’s comparative negligence rule to limit your recovery. At Applebaum & Associates, we understand the complexities of personal injury law and will fight to ensure that your fault is accurately assessed and that you receive the compensation you deserve.
Contact Our Bucks County Personal Injury Attorneys Today
If you were partially at fault for an accident, you might still be able to file a personal injury claim and recover damages. However, your compensation will be reduced by your percentage of fault. With the right legal representation, you can build a strong case, minimize your responsibility, and maximize your potential recovery. Contact Applebaum & Associates today to discuss your case and protect your rights.
