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How Partial Fault Affects Compensation
Yes. An injured party can typically recover damages even if they are partially at fault.
Comparative negligence laws used in most states allow injured victims to seek damages based on their percentage of fault.
Your recovery amount gets reduced by your share of responsibility.
Partial blame doesn't necessarily invalidate your claim.
Comparative negligence laws protect your right to compensation when multiple parties share responsibility.
The exceptions are Alabama, Maryland, North Carolina, and Virginia, which follow a contributory negligence system that completely bars recovery if the plaintiff is found to share even minimal fault.
Review your case details with an experienced personal injury attorney at Lawsuit Legal to learn your legal options.
At-a-Glance: Comparative Negligence in Personal Injury Claims
- Partial fault doesn't eliminate your right to compensation in most states, however, your recovery may be reduced by your percentage of responsibility
- Three systems exist: Pure Comparative Negligence (no fault limit), Modified 50% Bar Rule (must be under 50% at fault), and Modified 51% Bar Rule (can be 50% at fault)
- Alabama, Maryland, North Carolina, and Virginia follow contributory negligence where even 1% fault bars all recovery
- If insurance companies can increase your fault percentages they can reduce settlement payouts and shift liability
- Speak with an experienced personal injury attorney about the details of your injury case to protect your rights
Types of Comparative Negligence
When bringing an injury or accident claim, comparative negligence allocates fault among all parties whose actions contributed to an injury.
The comparative negligence laws are used to determine how much compensation an injured party can recover even if they are partially at fault for the harm they suffered.
Pure Comparative Negligence
Pure comparative negligence allows plaintiffs to recover damages regardless of their fault percentage.
Your compensation gets reduced by your exact percentage of fault, even if you're 99% responsible.
States using pure comparative negligence:
- Alaska
- Arizona
- California
- Florida
- Kentucky
- Louisiana
- Mississippi
- Missouri
- New Mexico
- New York
- Rhode Island
- Washington
Pure Comparative Negligence Example:
You suffer $100,000 in damages in a truck wreck. The court assigns you 70% fault. You can still recover $30,000 from the other party.
(Total Damages) x (Fault Percentage) = Recovery
Modified Comparative Negligence (50% Bar Rule)
This system bars recovery if your fault reaches 50% or more.
You must prove you were less than half responsible to collect damages.
States using the 50% bar rule:
- Arkansas
- Colorado
- Georgia
- Idaho
- Kansas
- Maine
- Nebraska
- North Dakota
- Oklahoma
- Tennessee
- Utah
- West Virginia
Your fault percentage must stay below 50% to maintain your right to compensation.
Modified Comparative Negligence (51% Bar Rule)
The 51% bar rule allows recovery if your fault stays at 50% or below.
You lose your right to damages only when your responsibility exceeds 50%.
States using the 51% bar rule:
- Connecticut
- Delaware
- Hawaii
- Illinois
- Indiana
- Iowa
- Massachusetts
- Michigan
- Minnesota
- Montana
- Nevada
- New Hampshire
- New Jersey
- Ohio
- Oregon
- Pennsylvania
- South Carolina
- Texas
- Vermont
- Wisconsin
- Wyoming
This system provides slightly more protection for plaintiffs compared to the 50% bar rule.
Which Negligence System Applies to Your Case?
The state where your accident occurred determines which comparative negligence rules apply.
Contact our experienced legal team to review the unique details of your injury case and find out what you're legally entitled to recover.
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Legal Help for Maximum Recovery in Your Personal Injury Case
If you are found partially responsible for your own injuries you still may be able to recover damages.
However, any blame they can shift onto you directly reduces their payout and may eliminate it altogether.
In a negligence-based claim, the insurance company may twist the facts to deflect responsibility and avoid paying your claim.
You deserve every dollar of compensation the law allows.
If you have a potential personal injury case, you need the best legal representation possible.
Contact Lawsuit Legal for a free case evaluation.
Our award-winning injury lawyers will review the facts, answer your questions, and outline the next steps you need to take for maximum recovery.
Request your case evaluation now to get the legal help you need to get paid what you deserve.
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External Resources
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