When an accident results in injury, a key question that often arises is who bears responsibility. But what happens if more than one party shares some responsibility, including the injured person? That’s where comparative fault laws come into play. This legal concept can directly affect how much compensation someone receives in a personal injury case. It’s not uncommon for defendants to argue that the injured person was partly to blame, and courts take those arguments seriously. This issue often becomes central to the outcome of a case, especially when both parties contributed to the events that caused the injury. An experienced Overland Park, KS personal injury lawyer can help clients understand how this rule might affect their case.
How Comparative Fault Works In Practice
In states that apply comparative fault, the court assigns a percentage of fault to each party involved in the incident. If the injured party is found to be partially at fault, their total compensation is reduced by that percentage. For example, if someone is awarded $100,000 but is found 25% responsible for the accident, they would receive $75,000. The goal is to distribute financial responsibility in proportion to actual blame.
There are two main forms of comparative fault: pure and modified. Pure comparative fault allows someone to recover damages even if they are 99% at fault, though the amount they receive is reduced accordingly. Modified comparative fault, which many states use, bars recovery if the injured party is found to be more than 50% or 51% at fault, depending on the state’s rules. That threshold becomes a critical line in serious cases involving shared responsibility.
Why Fault Percentages Matter So Much
The percentage of fault assigned can drastically change the final result in a case. Insurance companies and defense lawyers frequently point to anything the injured party did that might be seen as careless. Whether it’s failing to wear a seatbelt, texting while walking, or ignoring warning signs, these factors can be used to reduce a settlement or court award.
On our side, it’s important to gather as much factual detail as possible early on. Statements from witnesses, traffic camera footage, police reports, and medical documentation can help clarify what actually happened. When that evidence is strong, it becomes more difficult for the other side to shift blame unfairly.
How Courts Determine Fault In Injury Claims
Judges and juries weigh the evidence presented and decide who is responsible for what. There’s no fixed formula—they evaluate each case on its own facts. Testimony, behavior leading up to the accident, and even decisions made afterward can all factor into the final percentage split. That’s why presenting a well-organized and fact-driven case is so important.
Legal arguments around fault can be highly contested. If the defense believes they can prove even partial blame, they’ll press that angle. Plaintiffs need to be prepared for that challenge and understand how to respond to it. Solid preparation can help keep the fault percentage low, preserving more of the damages owed.
Why Comparative Fault Shouldn’t Be Overlooked
Comparative fault isn’t always the first thing people think about after an injury, but it can have a major impact on the outcome of a claim. Even a small shift in fault percentage can mean thousands of dollars lost. That’s why working with a legal team that can anticipate these arguments and push back effectively matters from the beginning. Attorneys like those at the Law Office of Daniel E. Stuart, P.A. have over 57 years of combined experience and know how to address these challenges and support clients through each stage of the process. If you or someone you care about has been injured and fault is in question, it’s worth reaching out to a legal professional for clear and practical guidance, we offer 24/7 live call answering.