If I Was Partially at Fault in My Accident, am I Entitled to Compensation?
When accidents happen, it is often the result of another person’s negligence. In these situations, you may be entitled to compensation for personal injuries you suffer, which includes medical expenses, lost wages, and other costs you incur. Even in cases in which you are partly responsible for the accident or your injuries, you still have legal rights to compensation if your fault is less than the person or corporation who caused you harm.
Determining The Underlying Causes of Personal Injuries
Accidental injuries are a leading cause of death and disability in Kansas and throughout the U.S. According to the Centers for Disease Control and Prevention (CDC), these injuries send more than 30 million people to hospital emergency rooms each year. Whether they occur as the result of car accidents, slips and falls, dangerous products, or negligent property owners, it is important to report injuries immediately to the proper authorities so that an accident report can be filed.
These reports play a crucial role in accident investigations, helping to determine the underlying causes and whom is to blame. If another’s negligence was responsible, they should be held legally liable for the expenses you incur as a result. However, in many cases it is not so clear. Actions you took may have contributed to your accident or your injuries. For example:
- A car accident caused by another driver, where you may have been engaged in reckless driving behaviors of your own, such as tailgating or going too fast for conditions.
- A slip and fall claim, where a property owner may be liable for dangerous conditions but you may be responsible for not heeding warnings;
- A product liability claim, where the manufacturer may be responsible for dangerous defects, but you failed to follow instructions or used the product for purposes that were not intended.
If your own actions partly contributed to an accident you may still be entitled to compensation for the injuries you suffered.
How Comparative Negligence Affects Your Claim
Under Section 60-258a of the Kansas Statutes, you may still be entitled to compensation in a claim, provided the other party bears the largest portion of the blame. Under the legal theory of comparative negligence, as long as it is determined you are 49% or less responsible for the damages you suffer, you may file a claim. However, any amount you are awarded will be reduced by this amount. For example:
- You are injured in a car accident and suffer $100,000 in damages.
- An investigation determines that you were 40% to blame.
- You would be entitled to $60,000.
Let Our Salina, Kansas Personal Injury Attorney Assist You
At Neustrom & Associates, we conduct thorough accident investigations to help substantiate your claim that the other party was more to blame. Others could be at fault and reduce your percent of fault. To discuss your situation and how we can assist you, contact our Salina personal injury attorneys and request a consultation today.