What happens if I was partially at fault for the accident?
If you’ve been injured in an accident, you’re probably wondering, “What if it was partly my fault?” It’s a common concern, and you’re not alone. The good news is, even if you were partly to blame, you may still be entitled to compensation. Let’s walk through how it works, especially here in Minnesota, and how a skilled Minneapolis medical malpractice lawyer or personal injury lawyer can help you navigate this tricky situation.
Understanding “Comparative Fault” in Minnesota
Minnesota follows something called the “modified comparative fault” rule. Sounds fancy, but it’s actually pretty simple once you break it down. Here’s the gist:
- If you were partly at fault for the accident, you can still recover compensation—as long as you weren’t more than 50% responsible.
- However, your compensation will be reduced by the percentage of fault that’s assigned to you.
So, let’s say a jury decides you were 20% to blame. If your total damages were $100,000, you’d still be able to recover $80,000. That’s a lot better than walking away with nothing!
An Example to Make It Clear
Imagine you’re in a car accident. The other driver ran a red light, but you were texting and didn’t see them coming. In the end, the court decides you were 25% responsible.
You suffered $60,000 in medical bills, lost wages, and pain and suffering. Because you were 25% at fault, you’d still get 75% of that—so $45,000.
How Fault is Decided in an Accident
This is where things can get complicated. Insurance companies and the courts look at all the evidence to figure out how much each person contributed to the accident. They’ll consider:
- Police reports
- Eyewitness statements
- Photos of the scene
- Any expert analysis (like accident reconstruction)
Sometimes, both sides have very different views about what really happened. That’s why it’s so important to have a lawyer who knows how to build a strong case—someone like Mark Perron at Perron Law Office. He’s a trusted Minneapolis medical malpractice lawyer who also has years of experience helping clients with personal injury claims.
Why You Shouldn’t Give Up on Your Claim
Even if you think you might be partly to blame, don’t assume that means you have no case. In many accidents, there’s more to the story. Maybe the other driver was speeding, or maybe the doctor’s office didn’t catch a mistake that made your injuries worse. You deserve to have someone look at all the facts.
Protecting Your Rights
It’s tempting to just accept whatever the insurance company says about your fault. But here’s the thing—insurance companies want to save money, and they might try to blame you more than is fair.
A skilled lawyer will gather the evidence to push back and make sure you’re treated fairly. They’ll work to get your percentage of fault as low as possible, so you get as much compensation as you can.
Medical Malpractice: A Different Kind of “Fault”
Sometimes, people think about accidents like car crashes. But what if your injury happened in a hospital? In those cases, the idea of “fault” can look a little different.
For example, let’s say you didn’t follow some of your doctor’s advice after surgery, and now your condition is worse. You might be partially to blame—but if the doctor also made a mistake, you can still have a valid medical malpractice claim.
Mark Perron, an experienced Minneapolis medical malpractice lawyer, can help sort out how much of your injury was really due to the provider’s negligence and how much was your own actions.
What Happens to Your Settlement If You’re Partly at Fault?
When you negotiate a settlement, your lawyer will consider your share of the blame. The insurance company will too. If you’re 10% at fault, your settlement offer will reflect that—your payout will be 10% lower.
That’s why it’s so important to have an experienced lawyer by your side, someone who knows how to push back and get you the fairest settlement possible.
Taking Your Case to Trial
If your case does go to trial, the jury will decide how much you were at fault. They’ll weigh all the evidence and assign a percentage to you and the other party. Then they’ll calculate how much you’re entitled to recover.
Can You Still File a Lawsuit If You’re Partly at Fault?
Absolutely. As long as you’re not more than 50% responsible, you have the right to file a lawsuit and seek compensation. But don’t wait—Minnesota has a statute of limitations for personal injury and medical malpractice claims. If you miss the deadline, you could lose your chance to get compensated, no matter how strong your case is.
The Bottom Line: Don’t Let Partial Fault Stop You
It’s easy to feel discouraged if you think you played a part in your accident. But remember—Minnesota law is on your side, even if you weren’t perfect. The key is to talk to a lawyer as soon as possible. They’ll help you understand your rights and figure out the best way to move forward.
If you’re in Minnesota and wondering whether your partial fault will wreck your chances, give Mark Perron at Perron Law Office a call. He’s an experienced Minneapolis medical malpractice lawyer who knows how to handle these tricky cases—and he’ll fight to make sure you’re treated fairly every step of the way.
If you’re looking for a Personal Injury Lawyer in Minneapolis, Perron Law Office is the most trusted name in the Twin Cities area. Simply reach out on (651) 317-8133 to schedule your free consultation.
