Accidents happen in an instant, and sometimes multiple parties, including you, may share responsibility. If you're partially at fault, you might think your chances of recovering compensation are gone. However, Pennsylvania follows a legal rule called modified comparative negligence, which allows you to seek damages even if you share some blame. Knowing how a Philadelphia personal injury lawyer can help in these situations is important to protect your rights and understand your options. To ensure you handle this scenario correctly, you may want to contact a lawyer from Kalikhman & Rayz for guidance tailored to your case.
Let’s break down how fault-sharing works in Pennsylvania and how an attorney can assist when you're partially responsible for an accident.
Understanding Modified Comparative Negligence
Pennsylvania uses the 51% rule under the modified comparative negligence law. This means you can pursue compensation as long as you are not more than 50% at fault. However, the amount of damages you can recover decreases by your percentage of fault. For example, if you're found 30% responsible for an accident, your compensation is reduced by 30%.
This rule prevents individuals who are primarily to blame from seeking damages, but it leaves room for those with partial responsibility to recover some financial relief. A personal injury lawyer in Philadelphia can calculate your fault percentage and negotiate to minimize it during legal proceedings.
How a Lawyer Can Build a Strong Case
Even if you share responsibility, an experienced attorney can help create a compelling case by focusing on the following:
- Gathering Evidence: A lawyer will collect police accident reports, medical records and bills, witness statements, and accident reconstruction data to clarify what happened.
- Challenging Fault Assignments: Attorneys can dispute exaggerated or incorrect claims about your level of responsibility.
- Highlighting Negligence of Others: They will emphasize the other party’s contribution to the accident, showing why your fault percentage should remain low.
Without legal support, you may find it difficult to counter accusations or ensure a fair allocation of fault, potentially reducing your compensation unnecessarily.
Key Steps to Take After an Accident
If you're partially at fault, it’s crucial to take specific actions to strengthen your case and protect your rights. These steps not only support your claim but also allow your lawyer to build a solid foundation for negotiations or court proceedings:
- Document the Scene: Take photos of vehicle damage, your injuries, and environmental factors like road conditions.
- Avoid Admitting Fault: Statements like "I'm sorry" can be interpreted as an admission of liability.
- Seek Medical Attention: Get a full evaluation to document injuries and link them to the accident.
Keep All Records: Maintain copies of medical invoices, repair estimates, and any kind of correspondence with insurance companies.
By acting quickly and thoroughly, you’ll provide your attorney with the tools they need to address any shared-fault challenges.
What Compensation Can You Still Claim?
Even if you’re partially at fault, you can seek payment for various types of compensation, depending on the circumstances of the accident. These may include:
- Medical Expenses: Current and expected future costs related to your injuries, such as surgeries, medical appointments, rehabilitation, and medications.
- Lost Wages: Compensation for income lost due to recovery time, as well as diminished earning potential.
- Pain and Suffering: Payment for physical pain, emotional trauma, or loss of quality of life.
- Property Damage: Repairs or replacement costs for damaged vehicles or personal property.
A Philadelphia personal injury lawyer will calculate the total damages and work to maximize the amount you receive, accounting for any reductions due to shared fault.
The Importance of Negotiating With Insurance Companies
Insurance companies often aim to reduce payouts by placing a higher percentage of fault on claimants. Without proper legal representation, you may find yourself accepting an unfairly low settlement.
A skilled attorney will:
- Communicate With Insurers: Handle discussions to avoid missteps that could harm your case.
- Challenge Low Offers: Use evidence and legal strategies to push for a fair resolution.
- Prepare for Trial: If necessary, they’ll take your case to court to seek the compensation you deserve.
Their goal is to ensure that your partial responsibility doesn’t lead to financial losses you don’t deserve.
Get Legal Support for Your Accident Case
Understanding how fault affects your accident claim can be complex, but you don’t have to handle it alone. A Philadelphia personal injury lawyer is a must to help you navigate the legal process, fight for fair fault allocation, and pursue the compensation you need. If you’ve been in an accident and share some responsibility, now is the time to act.
