Can I Make a Personal Injury Claim If I Was Partly at Fault For An Accident?

This is a common question we get asked, and unfortunately, the answer is not always clear-cut. If you were involved in an accident and you were partially at fault, you may still be able to make a claim for damages.

However, the amount of compensation you are entitled to receive from any personal injury claim may be reduced depending on the extent of your fault. For example, if you were 50% at fault for an accident, you would only be able to recover 50% of the total damages from the other party.

In this guide, we’ll provide you with all the information you need to know to make a personal injury claim.

So, what exactly is a personal Injury Claim?

A personal injury claim is a civil lawsuit filed by an injured party against the person or entity responsible for their injuries. The purpose of filing a personal injury claim is to seek financial compensation for the damages caused by the accident. This can include, but is not limited to, medical bills, lost wages, and pain and suffering.

What if I was partly at fault for my accident?

personal injury claim

As we mentioned above, you may still be able to make a claim even if you were partially at fault for your accident. However, the experts at warn that the compensation you’re entitled to receive will likely be reduced.

This is because, in most situations, a comparative negligence rule is followed when it comes to personal injury claims. This means that the amount of damages you can recover will be reduced by the percentage of fault you hold in the accident.

For example, let’s say you were involved in a car accident, and the other driver was found to be 80% at fault. However, you were also found to be 20% at fault for the accident, and this means that you would only be able to recover 80% of the total damages from the other driver.

It’s important to note that some parts of the world follow a different rule known as contributory negligence. Under this rule, if you are even 1% at fault for an accident, you will not be able to recover any damages from the other party.

What should I do if I was partly at fault for my accident?

If you were involved in an accident and you were partially at fault, there are a few things you should do:

1. Get medical attention: You should first seek medical attention, even if you don’t think you’re injured. There are some injuries, such as whiplash, that may not present symptoms until days or weeks after the accident. So, it’s important to get checked out by a doctor as soon as possible.

2. Collect evidence: Once you’ve sought medical attention, you should start collecting evidence to support your claim. This can include things like medical records, photos of the accident scene, and witness statements.

3. Speak to a lawyer: The next step is to speak to a personal injury lawyer about your case.  They will be able to advise you on whether or not you have a valid claim and how much compensation you may be entitled to receive.

Making a personal injury claim can be complex, especially if you were partly at fault for the accident. However, with the help of a personal injury lawyer, you can increase your chances of success and get the full amount of compensation you deserve.

Also, in picking a law firm, choose the one that shares your level of dedication to the outcome.

Should I admit that I was partly to blame?

If the other driver was partly to blame, and you were not, then it is their responsibility to prove that they were not to blame. If they cannot do this, then you will be compensated in full.

However, if you were partly to blame, then you should tell your solicitor as soon as possible, as this may affect how much compensation you receive. The amount of compensation may be reduced to take into account your level of responsibility for the accident.

It’s important to note that admitting partial responsibility for an accident does not mean that you will not be able to make a claim. You will still be able to make a claim, but the compensation you receive may be reduced.

We recommend not making any statement that could be construed as taking responsibility for the accident until you have spoken with a legal representative.

What is a No Win No Fee claim?

personal injury claim

No win, no fee claims are a type of personal injury claim where you only have to pay your lawyer if they win your case. This means you can make a claim without worrying about upfront legal fees.

It also means that a legal team will only take on your case if they think there is a good chance of winning. This gives you a higher chance of success when making a no-win-no-fee claim.

Before signing the paperwork, ensure that you fully understand the terms of the agreement and what percentage of the compensation will be taken by the legal team as their fee. Some companies also charge an admin fee that’s payable in all situations, so do check this out first.

Images courtesy of and

For more Features from H&N Magazine



Most Popular