Some personal injury scenarios are very clear-cut. A drunk driver swerves into the wrong lane or a business delivers dangerously defective products, leading to serious injuries. In those situations, the people hurt by the misconduct or negligence of others may recognize that they have a right to seek compensation.
Other times, the situation may be a bit more complex. While one party may be at fault, the injured party may have contributed in some way. Issues with vehicle maintenance or inappropriate behavior may have exacerbated the situation and resulted in a worse outcome.
People sometimes question whether they have the right to take legal action to seek compensation for an injury if they are partially at fault. Does partial fault affect the right to pursue a personal injury lawsuit?
Compensation awards may still be possible
In a scenario where the plaintiff pursuing a personal injury lawsuit is partially responsible for the incident, they may still be able to pursue a lawsuit against the party that is primarily to blame. The civil courts can review the situation and apply the state’s modified comparative negligence statute.
Under that law, partial responsibility can either prohibit litigation or limit the compensation awarded. Provided that the plaintiff is less than 51% to blame for the incident, they can still move forward with the lawsuit. The party that is mainly to blame may have to provide them with compensation.
However, the courts may adjust the amount of compensation awarded based on the degree of fault that the plaintiff has. If the courts establish that the plaintiff has 30% of the responsibility for the incident, then they may reduce the final compensation awarded by 30%.
For such issues to arise, the defendant responding to the lawsuit has to provide evidence affirming that the plaintiff is partially responsible for the incidents. The burden of proof is on the defendant in such scenarios, although the plaintiff does still have to prove their claim and their need for compensation.
Discussing a incident that led to a serious injury with a skilled legal team can help people evaluate whether insurance or litigation could potentially help. Even those who make mistakes can sometimes hold others accountable for their losses and injuries when another party is also to blame.