Can you file a personal injury claim in Michigan if partially at fault? Learn how Michigan’s comparative negligence law affects your compensation and how a Michigan personal injury lawyer can help.
After a car accident, one of the most common questions people ask is, “Can I still get compensated if I’m partially at fault?” Fortunately, the answer is usually yes. Even if you’re partially to blame, you may still be able to file a personal injury claim and receive compensation.
Understanding how partial fault in an accident affects your case is essential. Keep reading to learn how fault impacts compensation and what to consider if you are filing a claim after a shared fault accident.
How Does Shared Fault Work in a Michigan Personal Injury Case?
Having shared fault in an accident, whether it is an auto accident, slip and fall, or motorcycle accident means you and the other party both played a role in the accident occurring. But this doesn’t mean that you’re completely out of luck when looking to file a personal injury claim to receive compensation for your injuries.
In personal injury cases such as those involving car accidents or slip and falls, compensation is typically adjusted based on each party’s degree of responsibility. So, even if you’re partially at fault, you can still file a personal injury claim and seek compensation for your damages.
How Does Partial Fault Affect Compensation in Michigan Car Accidents?
In a car accident case or personal injury case involving shared fault, the amount of compensation may be reduced by the percentage of fault assigned to you. This concept, known as comparative negligence, means that if you’re 20% responsible for the accident, your compensation will be reduced by that percentage.
Example: A pedestrian is stuck while crossing the street during broad daylight. He did not cross at a crosswalk. The car that hit him made a left-hand turn without looking and was speeding. A jury awards the man $100,000 in damages, but puts him at 25% fault for the accident. He would receive $75,000.
Some of the damages you may be entitled to recover in a personal injury claim with shared fault include:
- Medical expenses related to treatment for your injuries.
- Lost wages for time missed from work.
- Pain and suffering to compensate for physical and emotional distress.
However, as stated before, the amount you receive for these damages may be adjusted proportionately based on your level of responsibility.
What Is Negligence in Michigan Personal Injury Law?
In personal injury law, negligence is a critical concept. Legally, negligence can be defined as the “failure to exercise the level of care toward another person that a reasonable or prudent person would exercise under similar circumstances.” For those seeking compensation in a personal injury case, proving negligence is often essential to winning a claim. It’s important to know that there are four key elements of negligence that must be established for a successful personal injury case.
4 Elements of Proving Negligence in Michigan Personal Injury Cases
1. Duty of Care
In personal injury claims, the first step is to prove that the defendant owed a duty of care to the plaintiff. A duty of care means the defendant was legally responsible for acting in a way that would avoid harm to others.
Example: Every driver on the road has a duty of care to follow traffic laws and avoid dangerous behaviors, such as texting while driving, to keep others safe.
2. Breach of Duty of Care
Next, it must be shown that the defendant breached their duty of care by acting in a way that a reasonable person would not. This breach is often the direct cause of the injury.
Example: If a driver runs a red light, they have breached their duty of care, creating a dangerous situation for other drivers, cyclists, or pedestrians in the intersection.
3. Causation
To hold the defendant liable, the plaintiff must prove that the defendant’s breach of duty directly caused their injuries. This is often called the “but for” test: “But for the defendant’s actions, the injury would not have occurred.”
Example: “But for the driver running the red light, the plaintiff would not have suffered a broken arm in the accident.”
4. Harm and Damages
Finally, it must be proven that the plaintiff sustained actual harm or damages due to the defendant’s actions. This includes medical bills, lost wages, and pain and suffering.
Example: Damages might cover medical expenses, lost wages from time off work, and compensation for physical and emotional pain.
Establishing negligence is a vital part of a personal injury case. If you’re involved in an accident and believe someone else’s negligence caused your injuries, consulting a Michigan personal injury lawyer can help you understand your rights and determine if you have a valid claim.
At the Lee Steinberg Law Firm, we specialize in proving negligence to secure maximum compensation for our clients.
Types of Evidence for Michigan Personal Injury Claims
Evidence will also play a crucial role when determining fault in your Michigan personal injury case. Some examples of evidence include:
Eyewitness Testimonies
Statements from witnesses who were present at the accident scene can provide firsthand accounts, which are essential for Michigan accident cases. Reliable witness testimonies can help establish the events leading up to the accident and clarify who was at fault.
Documentation/Physical Evidence
Physical evidence such as dashcam footage, surveillance videos, and photos taken at the accident scene in Michigan are crucial for proving exactly what happened. This documentation shows the scene of the accident, the extent of injuries, and any damages to property.
Police Reports
When Michigan police respond to an accident, they analyze the scene and document key details, including who or what caused the accident. Filing a police report immediately is important, as police will gather statements, photos, and other evidence that can be critical in assessing liability in your Michigan personal injury case.
When Should You Seek Legal Advice from a Michigan Personal Injury Lawyer?
Understanding how partial fault affects compensation can be challenging, especially when dealing with insurance companies. They may try to assign more blame to you to reduce their payout and offer low-ball settlements. Consulting with a Michigan personal injury attorney experienced in shared fault accidents can make a significant difference, ensuring you’re treated fairly and maximizing your compensation.
Need Help with a Partial Fault Accident Claim in Michigan? Contact Us Today!
If you’re unsure about your role in the accident or how partial fault might impact your claim, reach out for a free consultation with our personal injury attorneys.
At the Lee Steinberg Law Firm, we’re dedicated to helping accident victims navigate personal injury law and maximize their compensation, even in shared fault accidents.
Contact us today at 1-800-LEE-FREE (1-866-696-9146) or fill out a free case evaluation form to discuss your case with an experienced car accident lawyer or personal injury lawyer.
