Can I File a Personal Injury Claim if I’m Partially at Fault? Understanding Comparative Fault
If you’ve been involved in an accident, you might wonder whether you can still file a claim if you were partially at fault. The good news is that in many cases, you can still seek compensation—even if you share some of the blame. However, each state handles partial fault differently, so it’s important to understand how the laws in your state apply.
What Is Comparative Fault?
Comparative fault, also known as “comparative negligence,” is a legal doctrine that allows injured parties to recover compensation even if they were partially at fault for the accident. The key point is that your level of responsibility for the accident will reduce the amount of compensation you can receive.
Each state has its own rules regarding how much fault you can have and still be eligible to recover damages. Let’s look at how Illinois, Iowa, and Florida handle comparative fault. 
Comparative Fault in Illinois
Illinois follows a modified comparative negligence rule. Here’s what that means for you:
- Threshold:
In Illinois, you can still recover compensation if you are less than 50% at fault for the accident. If you are found to be 50% or more at fault, you will not be able to recover any damages.
- How it Affects Compensation:
If you are found to be partially at fault, your compensation will be reduced by your percentage of fault. For example, if your damages are $100,000 and you are 20% at fault, your compensation will be reduced by 20%, leaving you with $80,000.
- Example Scenario:
Imagine you’re involved in a car accident where another driver ran a red light, but you were speeding. If a court finds that the other driver is 80% at fault and you are 20% at fault, you can still recover compensation, but the total amount will be reduced by 20%.
Comparative Fault in Iowa
Iowa also follows the modified comparative negligence rule, but with a slightly different threshold than Illinois:
- Threshold:
In Iowa, you can recover damages if you are less than 51% at fault. If you are found to be 51% or more at fault, you will not be able to recover compensation.
- How it Affects Compensation:
Like Illinois, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% at fault and your damages are $50,000, you would be eligible to recover $35,000 after the reduction.
- Example Scenario:
If you slip and fall in a store but the court finds that you were texting and not paying attention to the warning signs, you might be deemed 40% at fault. If your total damages are $20,000, you would receive $12,000 after your share of the fault is deducted.
- Comparative Fault in Florida
Florida operates under a pure comparative negligence rule, which is more lenient than the laws in Illinois and Iowa:
- Threshold:
In Florida, you can file a claim regardless of your percentage of fault. Even if you are 99% at fault, you can still recover damages. However, your compensation will be reduced by your percentage of fault.
- How it Affects Compensation:
Since Florida follows the pure comparative negligence model, even if you are mostly responsible for the accident, you are still entitled to recover a portion of your damages. For example, if your damages are $100,000 and you are 80% at fault, you would still be able to recover $20,000.
- Example Scenario:
If you are involved in a car accident and found to be 60% responsible because you were distracted, you can still recover 40% of your damages. If your total damages amount to $50,000, you would be entitled to $20,000 in compensation.
How Comparative Fault Affects Your Case
While you can file a claim if you’re partially at fault, your compensation will be directly impacted by the degree of fault assigned to you. Insurance companies often use this to their advantage, trying to place as much blame on you as possible to reduce the payout. That’s why having an experienced personal injury attorney on your side is crucial to ensuring that fault is assigned fairly.
At VanDerGinst Law, we have extensive experience negotiating with insurance companies and fighting for the maximum compensation for our clients, even in cases where fault is shared.
Why You Shouldn’t Assume You Can’t File a Claim
Many people mistakenly believe that if they are partially to blame for an accident, they can’t recover any compensation. This simply isn’t true in Illinois, Iowa, or Florida. Even if you think you may have contributed to the accident, it’s important to speak with an attorney who can assess your case and advise you on your legal options.
Conclusion
If you’ve been injured in an accident and are partially at fault, don’t let that stop you from seeking compensation. Whether you live in Illinois, Iowa, or Florida, the law allows you to file a claim even if you share some responsibility for the accident. The key is understanding how comparative fault works in your state and working with an attorney who can help you navigate the legal process.
At VanDerGinst Law, we’re here to guide you through every step and ensure you get the compensation you deserve—no matter what percentage of fault you may carry.
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