Can I Still Get Compensation if I Was Partially at Fault?
The effects of shared fault may be a concern if you were in an accident and are thinking about filing a personal injury claim. A common question is, “Can I still receive compensation if I had some fault? Yes, although the exact circumstances will rely on your state’s legislation as well as the particulars of your situation. After an accident, knowing how fault affects compensation can help you deal with the aftermath. Having the correct legal counsel, such as Milly Daniels Law, can make a big difference.
Understanding Comparative Negligence
Oklahoma is one of the states where the legal doctrine of comparative negligence is applicable. This means that if you are partially responsible for an accident, your compensation can be reduced by your percentage of fault. For instance, your possible compensation may be lowered by the amount that you are determined to be 20% at blame for the accident. The purpose of this approach is to guarantee that each and every person engaged is held responsible for their activities.
The Role of Shared Fault in Compensation
This is how it works: your compensation may be lowered to $70,000 if you sustain $100,000 in losses yet are found to be 30% at fault for the accident. In contrast to jurisdictions that operate under the “contributory negligence” paradigm, wherein any fault on your part could prevent you from collecting compensation, this system permits you to recover some damages even if you share in the liability.
Why You Shouldn’t Give Up
Many accident victims make the mistake of thinking that they are not eligible for compensation if they share any of the blame. It’s imperative that you pursue your claim even if you had any involvement in the occurrence. Your overall damages may include elements like pain and suffering, lost wages, and medical expenditures; even in cases where there was shared culpability, you might be able to recover these costs.
Importance of Evidence
Evidence becomes particularly crucial in situations where there is shared fault. You’ll have to prove the other party’s liability in addition to proving the severity of your injuries and losses. This could consist of:
- Police Reports: Detailed records of the collision can help determine who was at fault.
- Statements from Witnesses: Firsthand reports might shed light on the events that transpired.
- Medical Records: In order to support your claim, you must keep a record of your injuries and medical interventions.
How Milly Daniels Law Can Help
It can be difficult to navigate a shared fault personal injury claim, but having the correct legal counsel can make all the difference. Understanding the intricacies of Oklahoma’s comparative negligence legislation, Milly Daniels Law focuses in representing clients in personal injury lawsuits. How they can help you is as follows:
- Detailed Investigation: To gather information, establish who is at fault, and support your case, the lawyers at Milly Daniels Law will carry out a detailed investigation.
- Expert Negotiation: Even though you bear some of the blame, they are adept negotiators who can fight for your rights and make sure you get paid fairly.
- Emotional Support: Handling an injury is difficult enough; Milly Daniels Law provides sympathetic assistance to help you navigate the legal system.
- Fee Schedule: You only pay the firm if you win your case because it works on a contingency fee basis. This makes legal support accessible and decreases your financial stress.
Conclusion
If you’re thinking, “Can I still receive compensation even though I had some fault?” Note that the response is in the affirmative. It’s critical to comprehend the law and your rights. You can get the knowledge and assistance you need from Milly Daniels Law to handle your claim successfully. Please don’t hesitate to get in touch for a consultation; regardless of blame sharing, you should be compensated. Your mental and physical well-being are worth battling for.