My spinal cord injury occurred during an accident that I may have partially caused. How does that affect my compensation?
Even if you are partially to blame (“at fault”) for the occurrence of an accident, you may still be able to recover enough to make your case worthwhile. This is an important issue, since it determines who is going to pay for the costs.
The amount of another person's responsibility can often be determined by comparing his or her carelessness with your own. How your state applies the degree of negligence depends on the laws in your state. In some states, if you were 25% at fault and the other person was 75% at fault, the other person must pay (through their insurance company) 75% of the fair compensation for your injuries. This rule is called "comparative negligence” or “comparative fault.”
A few states have laws to keep you from receiving any compensation if your own carelessness substantially contributed to the accident ("contributory negligence"). Realistically, the question of whether you actually contributed to the accident is often an issue that is not black and white, and can be a negotiation point with the other party’s insurer.
If you make a good argument why the other person was at fault, the adjuster will realize that if the matter ever wound up in court, there is a good possibility that its insured person would be found legally responsible.
A good rule of thumb: you are entitled to all damages suffered (“flowing”) from the negligence. So it is best to consult an attorney to find out the law in your particular state. An experienced attorney can evaluate your case at no cost or obligation, by filling out the case evaluation form on FreeAdvice.
State Law Center
|
Legal Resource Directory
|
Legal Articles
|
Insurance Advice and Quotes
|
FreeAdvice Answers
|
Community Forums
