What Happens If A Claimant Was Partly To Blame In An Injury Case?

American personal injury laws acknowledge that many things in life aren't completely one-sided. If a claimant in an injury case was partially blameworthy, there are three possible outcomes. Here is how a personal injury lawyer would explain each of the possible scenarios and how they might impact clients' cases.

Majority Negligence on the Claimant

Most U.S. states use systems that require the defendant to be at least 51% liable for whatever happened before the claimant can pursue a case. A few states do allow predominantly liable claimants to still seek compensation. Similarly, there are some scenarios involving strict liability where a claim won't have to meet this threshold.

If you're in a state that has a responsibility threshold, the first order of business is to figure out whether you're really the one who was predominantly responsible for what occurred. After talking with a personal injury attorney, you may find that your sense of your liability is a bit misplaced compared to how the law sees it. It's always a good idea to seek a consultation rather than just assuming you have no options.

However, some folks may be out of luck and might have to simply forgo filing a claim. It's wise, though, to talk with several attorneys before you give up. Lawyers often see things differently, and one may spot something the others did not.

Strict Liability

A handful of activities are so dangerous that society imposes strict liability against anyone who engages in them. Many of these are licensed activities, such as working with explosives, chemicals, radioactive materials, or biological threats. 

Some states apply strict liability to dog bites, but that is highly variable. There are states with one-bite laws that don't assume a dog is dangerous until the second time it harms someone.

Notably, when strict liability applies, the defendant is on the hook for all of the damages in the case. That means the entire case is about what happened and whether they did it. Once you've proven they did it, that's the end of the argument.

The Defendant Is Mostly At Fault

For a personal injury attorney, this is the typical case they take on. If they accept the validity of the claim, the insurance company will apportion liability and make a settlement offer accordingly. If the defendant is 60% liable and damages reached $200,000, for example, the insurer would likely offer $120,000.

Contact a personal injury attorney to learn more.