What if someone is partially at fault for their injury? Can they still recover damages?
Quick Answer
What if someone is partially at fault for their injury? Can they still recover damages?
Yes. Under comparative negligence laws, injured individuals can still recover damages, but their compensation is reduced based on their percentage of fault.
At Rafferty Domnick Cunningham & Yaffa, we help clients understand that even if they share some blame for an accident, they may still recover damages. Most states follow comparative negligence rules, which reduce compensation by the percentage of fault, but allow injured victims to still pursue financial recovery.
Understanding Partial Fault in Personal Injury Cases
1. Comparative Negligence
Your damages are reduced based on your share of the blame. For example, if you are 20% responsible, your recovery will be reduced by 20%.
2. Modified Comparative Negligence
In some states, you can only recover damages if you are less than 50% or 51% at fault. If you are equally or more responsible, you may not recover anything.
3. Contributory Negligence (Rare)
A few states bar any recovery if the injured person is even 1% at fault, although most states have moved away from this harsh rule.
How Partial Fault Affects a Personal Injury Case
| Fault Rule | Impact on Recovery |
|---|---|
| Pure Comparative Negligence | Damages reduced by fault percentage; recovery allowed even if 99% at fault. |
| Modified Comparative Negligence | No recovery if plaintiff is 50% or 51% at fault, depending on the jurisdiction. |
| Contributory Negligence (Rare) | Any degree of fault may prevent recovery. |
Frequently Asked Questions
Can you recover compensation if you’re partly at fault for your injury?
Yes. Your compensation will typically be reduced according to your percentage of fault under comparative negligence rules.
What happens if I’m 50% or more at fault?
In states with modified comparative negligence, you may be barred from recovering damages if you are 50% or 51% or more at fault.
How is fault determined in a personal injury case?
Fault is determined based on accident reports, evidence, witness statements, and sometimes expert testimony.
You May Still Have a Case—Even If You’re Partly at Fault
Being partially responsible for an accident doesn’t mean you lose your right to compensation. At Rafferty Domnick Cunningham & Yaffa, we help clients navigate comparative negligence laws to pursue the maximum recovery possible. Contact us today for a free consultation and learn how your share of fault affects your case.
