What If I Am Partially at Fault?
In most personal injury and wrongful death cases, you will not be barred from recovering compensation even if you or your loved one was partially at fault for the injury or death. A person becomes partially at fault when their injuries were sustained as a result of negligence on behalf of another party, but not completely. If you think that just because you were partially responsible for your injuries that you are not liable to compensation, you are. Whether you were involved in a construction accident, a slip and fall accident, or any other type of accident where you sustained injuries, you may be entitled to compensation even if you are partially to blame.
Texas, for instance, follows a comparative fault scheme that is similar to what's found in many other states. If you are determined to be 51 percent or more at fault for your injury, then you will be prevented from recovering funds; otherwise, your compensation will be reduced in proportion to your degree of fault. So, if your total damages are $1 million, and you are found to be 25 percent at fault, your recovery will be restricted to $750,000.
Disputes over comparative fault can be challenging. If these cases go to court, the jury is responsible for determining the degrees of negligence for both parties. Insurance companies will try to shift as much blame as possible onto the victim of course, because they don't want to be the ones shouldering the bill. You need to match fire with fire in these cases, and don't let insurance companies bully you. Percentages of fault can be difficult to determine, that is why it is important to have the proper evidence and representation after your personal injury.