Accident-Lawyer FAQ: What Is Comparative Fault?
Society tends to car-accident lawsuits in overly simplistic terms. If you’ve never suffered an injury in an accident, you may be tempted to assume that the party at fault will pay for the other party’s injuries. Unfortunately, it’s not always easy to determine who is at fault in an accident, especially if there are no witnesses.
It becomes especially challenging when a car accident involves three or more drivers, all of whom claim that another was at fault. Issues like these make it absolutely essential to contact an accident attorney if you’re considering filing a personal-injury claim.
Your attorney can help you design a case to support your claim, giving you the best possible chance of recovering the compensation you need to pay for medical bills, as well as for missed paychecks from time off work.
If you’ve suffered an injury in an accident with a negligent driver in Meridian, call us. At the Law Offices of Johnson & Lundgreen, we have more than 40 years of combined experience assisting our clients after car accidents.
To arrange a consultation with a Boise accident lawyer, call us today at 208-376-5256.
What is comparative fault as it applies to a car accident?
States treat the idea of fault in different ways. Some states restrict injured parties from collecting compensation if they contributed to the accident in any way; others allow drivers to file a lawsuit if they are 99 percent at fault. However, most states, including Idaho, follow the modified comparative fault rule.
According to the Claims Journal, under Idaho law, you may only recover damages if you are less than 50 percent at fault for the car accident. Of course, this may leave you wondering how you can calculate fault.
This is where an accident attorney can help. In the end, a jury will determine how much blame you must shoulder for the accident, but an experienced attorney can give you a rough idea of what to expect.
In practical terms, can I recover compensation if I am partially at fault?
Many people worry that they may not be able to recover money if they are partially at fault, even if the law allows them to seek compensation. It’s important to note that you will most likely be dealing with an insurance company, and most personal-injury lawsuits never reach trial.
The time commitment and overall cost of going to trial motivates most insurance companies to settle claims. If you’re suffering from injuries after an accident, even if you are partly to blame for the crash, it still might be worth filing a claim.
If a pre-existing medical condition made injuries more likely, can I still sue?
If you’re recovering from a broken arm and a negligent driver causes an accident that breaks it again, you can file an injury claim. Likewise, if you have a medical condition that amplifies the effects of head injuries, you can still recover compensation for the full extent of your injuries.
If you’re encountering difficult questions while researching personal-injury claims, we can help. At the Law Offices of Johnson & Lundgreen, we are dedicated to standing up for victims of negligent drivers.
To speak with an accident lawyer in Meridian about your injuries, call us today at 208-376-5256.
