If you've been involved in an accident and are wondering whether you can still pursue a personal injury claim, you're not alone. Many people believe that if they share any responsibility for the accident, they lose their right to seek compensation. However, the reality is often more nuanced.
At Harris & Hart Attorneys at Law, we frequently encounter clients who are unsure about whether they can file a personal injury claim if they were partially at fault in an accident. It's a valid concern, and one that can leave you feeling uncertain about your rights.
The good news is that, in many cases, you may still be able to pursue a personal injury claim—even if you were partially responsible for the incident. We’ll explore the key details surrounding this situation to help clarify your options. Contact us today to learn more.
What Does It Mean to Be Partially at Fault?
When discussing personal injury cases, one of the first things to understand is what it means to be partially at fault. Being "at fault" simply means that you played a role in causing the accident or injury, whether through your own actions or negligence. However, this doesn’t necessarily mean you’re completely responsible for the incident.
In Kansas, the state follows a modified comparative negligence rule. This means that if you're partially at fault for an accident, you may still be able to recover damages, but your compensation will be reduced based on the percentage of fault assigned to you.
For example, if a car accident occurred, and you were found to be 30% at fault, any settlement or judgment you receive would be reduced by 30%. The key point here is that you can still recover compensation as long as you're not more than 50% at fault.
Kansas’ Comparative Negligence Rule
As mentioned earlier, Kansas follows a modified comparative negligence rule. Under this rule, if you’re more than 50% at fault for an accident, you’ll be barred from recovering damages. Essentially, this means if you’re found to be more than half responsible for the incident, you can’t pursue a personal injury claim.
However, if your fault is 50% or less, you’re still entitled to compensation, though it will be reduced according to your percentage of fault. This rule exists to make the process fairer for people who aren’t fully to blame for their injuries while also preventing individuals from claiming damages when they’re the primary cause of the accident.
Key takeaways include:
Modified comparative negligence applies in Kansas.
If you're 51% or more at fault, you're barred from recovering compensation.
If you're 50% or less at fault, you can still claim damages, but they’ll be reduced based on your fault percentage.
In summary, Kansas' modified comparative negligence law assures that individuals who are partially at fault for an accident can still seek compensation, though the amount may be adjusted according to their degree of responsibility.
Examples of Comparative Fault in Personal Injury Claims
Let's take a look at some scenarios where comparative fault might come into play. These examples can help illustrate how your fault might affect your ability to file a claim and recover compensation.
Example 1: Car Accident
You’re driving through an intersection, and another driver runs a red light and crashes into your car. However, you were also speeding slightly when the accident occurred. The court determines that you were 30% responsible for the crash due to your speeding.
While you may still be eligible for a personal injury claim, any settlement or judgment will be reduced by 30%, reflecting your contribution to the accident.
Example 2: Slip and Fall Accident
You slip and fall in a store because of a wet floor, but it’s determined that you were not paying attention and weren’t using the handrail near the stairs, which could have prevented the fall. In this case, you might be assigned 20% of the fault, which would reduce any settlement by that amount.
Example 3: Dog Bite Injury
Suppose you’re bitten by a dog while visiting a friend’s home. You may have approached the dog too quickly or startled it.
In such a case, the dog owner could be 70% responsible for not properly controlling their pet, while you might be considered 30% at fault for not respecting the dog’s personal space. You can still file a personal injury claim, but your compensation would be reduced by 30%.
These examples show how various circumstances can impact how fault is distributed in personal injury cases. It’s essential to understand how your actions might be perceived and how they could influence the outcome of your case.
The Importance of Evidence in Personal Injury Claims
When pursuing a personal injury claim where you may be partially at fault, evidence plays a crucial role. Since Kansas follows the modified comparative negligence rule, the more evidence you have to demonstrate the other party’s responsibility for the accident, the stronger your case will be.
The more evidence you can gather to show that the other party’s actions were the primary cause of the incident, the better your chances of securing a fair settlement, even if you share some responsibility.
Key pieces of evidence in personal injury claims may include:
Accident reports: Police reports that detail the accident and any citations issued.
Eyewitness testimony: Statements from people who saw the accident occur.
Photos and videos: Images or videos that show the accident scene, damages, and other relevant details.
Medical records: Documentation of your injuries and the care you received.
Expert testimony: In some cases, experts may provide opinions to clarify fault.
Gathering this evidence early on can help support your claim and increase the chances of recovering compensation, even if you were partially at fault.
How the Insurance Company May View Your Case
Insurance companies often play a significant role in personal injury claims. When you file a claim, the insurance adjuster will evaluate the evidence to determine how much fault each party holds. It’s crucial to keep in mind that the adjuster will work to minimize the insurance company’s payout, which could lead to a lower settlement offer if you’re partially at fault.
Having an experienced personal injury lawyer on your side can help protect your interests. At Harris & Hart Attorneys at Law, we’ve dealt with numerous personal injury claims and know how to negotiate with insurance companies to help maximize your recovery, regardless of your degree of fault in the incident.
Why You Should Work with a Personal Injury Lawyer
Even if you were partially at fault, you still deserve to be compensated for your injuries. Working with an experienced personal injury lawyer can significantly improve your chances of recovering damages. Here’s how we can help:
Investigation: We will gather the necessary evidence to support your case and make sure your claim is as strong as possible.
Negotiation: We’ll handle the negotiations with the insurance company to make sure you get a fair settlement.
Litigation: If necessary, we’re prepared to take your case to court to secure the compensation you deserve.
At Harris & Hart Attorneys at Law, we’re committed to advocating for clients in personal injury cases, regardless of their degree of fault. We believe that everyone deserves a chance to recover from an injury and move forward with their lives.
Contact Us Today
If you’ve been involved in an accident and are unsure whether you can file a personal injury claim, don't hesitate to reach out. At Harris & Hart Attorneys at Law, we serve clients throughout Kansas and Missouri, including Overland Park, Kansas City, Shawnee, Leawood, and surrounding areas. Contact us today to schedule a consultation.
