That belief stops a lot of people from getting the help and compensation they may be entitled to. In reality, the law doesn’t always require one party to be entirely at fault. When multiple people are involved, fault can be shared—and you may still be able to file a claim even if you hold some responsibility. Our friends at Cohen & Cohen discuss how many injury victims believe they don’t have a case simply because they may have contributed in some way to the accident.
How Shared Fault Affects A Claim
In many states, injury claims are handled under a legal concept called comparative negligence. This system looks at how much fault each party had in causing the accident. Rather than treating fault as all-or-nothing, the law assigns a percentage of responsibility to everyone involved. Your compensation is then reduced based on your share of the fault.
For example, if you’re found to be 20% responsible for an accident and your total damages amount to $100,000, you may still recover $80,000. This approach allows for a more balanced outcome and doesn’t automatically disqualify someone just because they made a mistake. A personal injury lawyer can help you compile and review the facts of your case and determine the best path forward.
Different Rules By State
It’s important to know that comparative negligence laws vary depending on where the accident occurred. Some states follow a pure comparative fault rule, which means you can still pursue compensation even if you’re more at fault than the other party. Others use a modified comparative fault system, which usually bars recovery if you’re found to be 50% or more responsible.
This difference plays a major role in whether or not your claim is possible. That’s why it helps to speak with someone familiar with your state’s laws before assuming you don’t have a case.
Why Evidence Still Matters
Even if fault is shared, building a strong case still requires clear evidence. Medical records, witness statements, accident reports, and photos all help show what actually happened. The more accurate and detailed your documentation is, the easier it becomes to limit your own share of the blame and strengthen your position.
Insurance companies often try to assign a higher percentage of fault to injury victims, hoping to reduce what they owe. Having the right information—and someone to present it properly—can make a big difference in how those numbers are determined.
When Legal Help Makes A Difference
Shared-fault cases tend to be more difficult because of how much is at stake. Insurance adjusters often use small details to argue that you were mostly to blame, which can significantly lower your potential recovery—or eliminate it altogether, depending on the rules in your state.
Having a personal injury lawyer who understands how fault is evaluated in these cases can give you a better chance at a fair outcome. They can help gather evidence, work with experts if needed, and push back when the insurance company tries to place more blame on you than is fair.
Being partially at fault for an accident doesn’t always mean you lose your right to compensation. Comparative negligence allows for claims to move forward even when responsibility is shared. If you’ve been injured and you’re unsure how much of the situation was your fault, it’s worth taking a closer look. You might still have a case—and the chance to recover what you need to move forward.
