Can I sue if I was partially at fault?
Can I Sue If I Was Partially at Fault?
Yes, you can still pursue a personal injury claim even if you were partially responsible for the accident. Most states use comparative fault laws that reduce your compensation by your percentage of fault — not eliminate it entirely. The right attorney can fight to minimize how much fault is assigned to you, maximizing what you recover.
How Comparative Fault Works
Under comparative fault rules, your damages are proportionally reduced based on your share of responsibility. For example, if a court determines you were 25% at fault and your total damages are $100,000, you would typically recover $75,000.
Pure vs. Modified Comparative Fault
Different states apply different standards. In pure comparative fault states, you can recover damages even if you were 99% at fault. In modified comparative fault states — the most common — you are generally barred from recovery if you are found to be 50% or 51% or more at fault, depending on the state. Knowing your state's rules is critical.
Why Legal Representation Matters
Insurance companies will try to inflate your percentage of fault to reduce — or eliminate — what they owe you. An experienced personal injury attorney will investigate the evidence, gather witness statements, and build a case that accurately represents your role in the accident. This can make a dramatic difference in your final settlement or verdict.
No Risk to Find Out Where You Stand
Our firm works on a contingency fee basis, meaning you pay absolutely nothing unless we win your case. With strong client reviews and a proven track record of successful outcomes, we're here to fight for the compensation you deserve — regardless of partial fault. Read how we've helped clients in similar situations.
Answer provided by the experts at Bobby Udall.
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