In Missouri, where distracted driving caused 87 fatal crashes in 2021, understanding your legal options if you’re partially at fault in a personal injury case is crucial. Being partially at fault doesn’t necessarily bar you from claiming compensation, but it does complicate how compensation is calculated and awarded. For detailed legal guidance on navigating this complex situation, visiting an experienced Missouri car accident lawyers website can provide you with crucial information and assistance.
This article will explore different steps you can take if you’re partially at fault in a personal injury case.
Understanding Missouri’s Comparative Fault Rule
In many jurisdictions, personal injury cases operate under a comparative fault system. This means that each party involved in the accident may be assigned a certain percentage of fault based on their actions or negligence leading up to the incident. If you’re being held partially at fault, it’s essential to understand how this impacts your ability to recover compensation.
Consult with an Attorney
The first step when facing partial fault in a personal injury case in Missouri is to consult with an experienced attorney. They have expertise in handling cases like yours and can provide valuable advice tailored to your specific situation. A knowledgeable attorney will analyze the evidence, review applicable laws, and guide you through the legal process.
Gathering Evidence
Gathering evidence becomes even more crucial to building a strong defense against allegations of partial fault.
Document any relevant information, such as photographs from the scene of the accident, statements from witnesses, or any available surveillance footage. Your attorney will help determine which evidence is necessary and advisable for presenting your case effectively.
Negotiating with Insurance Companies
Engaging in negotiations with insurance companies can be challenging when you’re partially at fault for the accident. Insurance adjusters may try to use your level of responsibility against you when offering a settlement amount. To maximize your chances of receiving fair compensation, enlisting an experienced attorney becomes invaluable. Your attorney will negotiate on your behalf and ensure that all factors contributing to the accident are taken into account.
Consider Contributory Negligence Laws
It’s important to note that some states implement contributory negligence laws rather than comparative fault rules. In these states, if you’re found to be even partially responsible for the accident, you may not be able to recover any compensation. Understanding the laws in your jurisdiction is critical for assessing the potential outcomes and determining the best course of action.
Settlement vs. Trial
When faced with partial fault, it’s worth considering whether a settlement or going to trial is the most advantageous option for your case. While settling may provide a faster resolution and guaranteed compensation, going to trial can potentially lead to a more favorable outcome if comparative fault percentages are disputed. Consulting with your attorney will help you make an informed decision based on the merits of your case.
Minimize Social Media Activity
In today’s digital age, minimizing social media activity during a pending personal injury case is highly recommended—especially when you’re partially at fault.
Insurance companies and opposing parties may try to use your posts or photos against you by twisting their context. Avoid jeopardizing your case by refraining from posting about the accident, injuries, or your activities while claiming damages.
Focus on Rehabilitation
Even if you bear partial responsibility for an accident, it’s crucial to prioritize your physical and emotional well-being. Focus on seeking proper medical treatment and following through with rehabilitation plans recommended by healthcare professionals. Demonstrating an active commitment to healing can support your efforts to seek fair compensation for damages incurred.
Conclusion
Finding yourself partially at fault in a personal injury case can create challenges on multiple levels. However, there are steps that you can take to protect yourself legally and maximize the chances of receiving fair compensation. By consulting with an experienced attorney, gathering evidence, understanding applicable laws in your jurisdiction, and approaching negotiations strategically, you’ll be equipped with the necessary tools to navigate this complex situation successfully.
