Every year, serious car accidents are responsible for the injuries or deaths of millions of people. Living expenses and medical bills will begin to mount, and there is often not enough money to pay for those expenses.
While you are trying to recover, you are getting phone calls from the insurance company informing you of how critical it is for you to accept the settlement offer that was made. Through all of this, you are also dealing with aches and pains that are making it difficult for you to make it through an entire day.
Despite everything that is going on, some people will attempt to go through the process without partnering with a personal injury lawyer. A personal injury lawyer can provide you with an accurate assessment of your case and a settlement value. The insurance companies will quickly try to get you to accept a settlement that is significantly lower than what your case is worth.
Unfortunately, one of the reasons many people fail to seek assistance from a lawyer because they believe that their part in the accident will preclude them from a legal claim. This is one of the many misconceptions that lead to hesitancy.
What if I was partly at fault?
After a car accident, it typically feels like there is no right way to move forward. Do you file a claim with your insurance provider? Do you file a claim against the other person? Are you able to pay for your medical treatments or should you file a claim?
The questions seem to get even more complication once you begin to think about the part that you had in the accident. We understand that mistakes happen, especially on the road. How do you handle the mistake you made?
Many victims think if they were partly at-fault for the accident that they are not able to obtain damages. Contributory negligence is not uncommon in Minnesota, especially when it comes to car accident cases. If you were partly at fault for the accident, this does not change the fact that you were injured.
While you may see a reduction in the amount you can recover, you could still be eligible for a claim.
Minnesota is a “No-Fault” State
Minnesota is one of the few states in the United States that handles car insurance claims in this manner. What does this mean? This means that you can be reimbursed by your insurance company for your medical bills, even if you were partly at-fault. However, there are factors that can impact the decision. One of the factors is whether the personal injury protection limit you have will be enough for your medical expenses. Another factors is the damage to properties. The person who is deemed responsible for the damage will be held responsible for the repairs.
Contributory Negligence
Under a no-fault system, it will generally be proven that someone will hold a greater responsibility for the accident. Even under a no-fault system, everyone will be held responsible for their actions. If it is proven that one driver exhibited a greater amount of negligence, that person will take on more of the weight of fixing the problem.
In Minnesota, and other states in the Midwest, people have the ”can-do spirit”. Under many circumstances, this will be a great thing. However, when you are injured in an accident, you are going to need the assistance of an experienced personal injury law team. Your personal injury lawyer will become the voice you need during this complicated time.
You could have grounds for a personal injury claim, even if you were partly at fault for the accident. If you attempt to take on this case by yourself, the insurance company may lead you to believe they are offering you the best offer you can obtain. This is why it is important to consult with a personal injury lawyer.
If you would like a free consultation on your case, contact Swor & Gatto today.