When You Are Partially At Fault For Your Injuries: Determining Your Financial Compensation In A Personal Injury Case
Posted on: 3 March 2017
When you get into an accident that causes you injuries, you may have a viable personal injury lawsuit to file. Even when you are partially at fault for your injuries, you can still seek compensation. In fact, if you are 50% or less responsible for the accident that caused your injuries, you have the right to file a case against the liable party who was in the accident with you. While your compensation will be prorated based on your percentage of fault, you can still seek damages when you aren't able to work or take care of your medical bills.
Review the Accident Report to Determine Fault
If you get into a car accident, it's important to carefully review the accident report. While you have a viable lawsuit if you aren't more than 50% at fault, the less you are found at fault, the higher your compensation will be. Read over the accident report to make sure that it is accurate. If you notice any problems with the accident report, talk with the reporting officer to discuss the changes you think should be made. Be clear about what happened to cause the accident, and offer your observations to the reporting officer.
Measuring the Extent of Your Injuries
The length of time you are out of work, and how extensive your injuries are will be used to determine your compensation. In general, the more serious your injuries are, the more compensation you will receive. If you have become permanently disabled, you'll also receive compensation that would cover future lost wages. Pain and suffering are also taken into consideration, so it's important to meet with your treatment providers regularly so that your level of disability can be determined.
Coming Up with a Final Number of Compensation
When you are injured, compensation is looked at in two categories, pecuniary losses and non-pecuniary losses. Pecuniary losses are things that are easy to measure such as medical bills, while non-pecuniary losses are hard to measure such as pain and suffering. Once your damages are considered, a final number is determined. When you are partially at fault, your compensation will be the final number that has been established multiplied by your percentage of fault. This means that if you are 40% at fault and you are awarded $100,000, you will receive $60,000 in total compensation.
If you have been hurt, it's time to talk with an attorney who can help you get the compensation you deserve.
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