How Does the Comparative Fault Rule Affect an Injured Person’s

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    After getting injured in an accident—whether a car crash or anything else—it’s important to get compensated for your damages so that you can move on from what happened without being financially burdened.

    However, there are many accidents where more than one person was at fault, which can have a dramatic impact on who owes who compensation and how much. It may even be that you were partially at fault for your accident and aren’t sure if you can still proceed with a personal injury claim.


    Fault Reduces Compensation

    The good news is that many states now take a nuanced approach to determining fault in accidents and how compensation should be awarded. This approach is known as comparative fault, and it will allow you to seek damages as long as you weren’t more to blame for what happened than the person you’re suing.

    Under this system, also called comparative negligence, all of the parties involved in an accident will be assigned a percentage of fault depending on how their actions contributed to the cause. This same percentage will then be used to reduce the amount of compensation that a person is awarded.

    For example, if you are found to be 10 percent at fault and are awarded a $50,000 settlement, your compensation will be reduced by your 10 percent of the fault, leaving you with $45,000 in the end. This makes it incredibly important to have experienced legal counsel on your side so that you can build a strong case that minimizes the amount of fault you are assigned.


    Boston Personal Injury Lawyers

    At Joel H. Schwartz, PC, we have extensive experience with personal injury law and know how to build a case that fully demonstrates the fault of the responsible party. We can reduce the amount of negligence put on you—and thereby maximize your compensation.

    To get started with a free, no-pressure consultation, give us a call at 1-800-660-2270 or reach us through our website.