Every day, someone somewhere is seriously injured because of the negligent, reckless behavior of someone else. A business owner didn’t repair the damage to their building, which resulted in an accident; a drunk driver ran a red light and smashed into two cars in the intersection; a surgeon failed to live up to the standard of care for the procedure and the patient was left with a permanent disability. In each of these cases, the person who failed to do what they were supposed to may be liable for damages to the person who was injured. Many people basically understand this, but have questions about negligence.
One of the most common questions asked of auto accident attorneys goes basically like this: I was seriously injured in an auto accident. The accident was mostly the other guy’s fault, but honestly, it was partly my fault. Does this mean that I don’t have a case?
You might be surprised by how many people don’t pursue their legal rights because they think they have no case because the accident was partly their own fault. What they don’t understand is that the civil justice system is not all or nothing. The system is designed to recognize shades of gray. While there is more to a personal injury claim than proving that the accident was the other guy’s fault, this issue is important, and bears a closer examination.
Assuming that you have shown to the jury that you suffered damages, and that the damages resulted from the accident, the next step is to show that the “other guy” was liable for your damages. Liability can be apportioned to various people. If the other person was 100% responsible for your damages, then that person (or company) should be liable for 100% of your damages. However, in the auto accident that was partially your fault, the jury can decide how much it was your fault and how much it was the other guy’s fault. If they decide that it was, for example, 75% the other guy’s fault, then that person would be liable for 75% of your damages. In an accident in which you are seriously injured, it is very likely that this would absolutely be worth pursuing.
If you have suffered serious injury in a car accident involving someone else’s negligence, contact an experienced car accident attorney today to discuss your options. You may be entitled to recover compensation for a number of different types of damages: medical bills, future medical bills, lost income, property damage, pain and suffering, loss of companionship, loss of consortium. A knowledgeable personal injury lawyer may be the difference between knowing that you are entitled to these damages, and actually recovering them. For more information, call a dedicated auto accident attorney today.