Flanagan & Associates Articles What If I’m Partially at Fault for My Accident?

What If I’m Partially at Fault for My Accident?

By Flanagan & Associates  Mar. 6, 2012 1:26p

If you were involved in an accident that caused you injury, you may be wondering if you are entitled to any type of claim. If you were partially at fault for your accident, there is still hope for you because of something called comparative negligence. This is a legal defense that basically guarantees that you can still be compensated after an accident after reduction of the percentage of fault you caused. For example, say you were involved in a motor vehicle accident and the claim was for $1,000. If your percentage of fault was 20 percent and the other driver's percentage of fault was 80 percent, you are entitled to recover damages equal to $800. The damages you can acquire can reach as high as the other driver's percentage of fault.

You can not only recover, you can file for a personal injury claim if you were partially at fault. However, your process of recovery may be impeded by insurance companies. Insurance companies often try to minimize your claim so they can limit the amount you recover. It may seem impossible to combat an insurance company on your own, but that is why many people seek legal help from a professional experienced in handling personal injury claims and obtaining maximum recovery even in the face of combatant insurance agencies.

Remember, you can only file a negligence claim if the other driver can be proved to have been negligent at least in part. So yes, you can file for a claim even if you are partially at fault, but only if the other driver(s) responsible can be proven to have acted negligently. The only way in which you could be refused a personal injury claim after an accident is if you were found to be 100 percent at fault for the negligence. Should you seek the help of an attorney, it is their job to fight to see that you don't get cheated out of the correct percentage of comparative fault as well as obtain a successful settlement on your behalf.

Boston Motor Vehicle Accident Lawyer

These cases are time-sensitive due to the statues of limitations. This basically states that you have a certain amount of time to file before your claim "expires." You have 3 years to file a personal injury claim after the accident occurred in the state of Massachusetts, so it is important to keep an open line of communication between you, your insurance agency and a personal injury attorney.

At Flanagan & Associates, a personal injury lawyer from their firm can offer you that aggressive representation you need when going to bat against insurance agencies and other third parties after a motor vehicle accident. Even if you were partially at fault for your accident, you still have a right to recover and a right to a personal injury claim.

Contact a Boston car accident attorney fromFlanagan & Associates today for a free case evaluation and to see how you can get the recovery you deserve!

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Weymouth, MA 02189

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