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December 31, 2021

What If I Am Partially At Fault For My Accident?

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Posted in Wisconsin Workers Compensation Related News

Dealing with the aftermath of an auto accident is never easy. At the scene, emotions run high and stress can make your judgment cloudy, and the process of dealing with insurance claims can be quite challenging, especially if you are partially at fault for the accident or if the accident results in a personal injury. However, you still may be entitled to compensation even if you are partly to blame. There are just a few important things to take note of should you find yourself in this situation.

Keeping Your Opinions to Yourself

The first step in protecting yourself from future complications starts right at the scene of the accident. Here, it’s important not to implicate yourself. Even if you believe you are partially at fault for the car accident, take care not to divulge your suspicions to the other party, police, or any witnesses. Merely state the facts. Any discussion about who you think is responsible for the accident could serve as a legal statement and cause problems down the road. Only share your opinions with your lawyer, where you can safely discuss your options.

Sharing the Blame

Typically, when it comes to partial fault in a personal injury case, damages and compensation are adjusted according to the degree of fault. For example, if you are the plaintiff seeking compensation from a defendant but are determined to be 10% at fault for the accident, your compensation will be reduced by 10%. You may still seek compensation if you are over 50% at fault, but you may also be held liable for the other driver’s damages. For instance, if you’re determined to be 75% liable, your compensation will be reduced to 25% of the original package, and you could also be held responsible for 75% of the other driver’s damages. Establishing partial fault as a defendant is a good way to lessen any financial strain. It’s also important to note that comparative liability differs state by state. Understanding the laws of your jurisdiction will help you make a more informed decision. 

Getting Help from the Experts

When it comes to auto accidents where you are partially at fault, it’s important to have a lawyer that will help you get the maximum compensation without insinuating that you are liable for the accident. This is important but tricky to pull off, especially when dealing with insurance companies. Hiring an experienced personal injury lawyer in  Milwaukee, WI, like the ones at Hickey & Turim S.C., will give you the best chance at getting the compensation you deserve.

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