Top Personal Injury Law Firm Advice: Do I Still Have a Personal Injury Case if I Contributed to My Own Injuries?

Hey, did you know that even if you might have contributed to your own injuries in an RI or MA personal injury case, we at Bottaro Injury Lawyers may be able to get you financial compensation?

In RI and MA, you do not need to be 100% innocent to receive compensation for your injuries.

You might be asking yourself, what is the logic behind this policy?

Take this example: Imagine that someone is waiting to turn left at an intersection that you are legally driving through from the opposite direction. However, you are driving 40 MPH instead of the posted 35 MPH. Meanwhile, the person turning left is not paying attention to you and other incoming traffic and turns into the side of your vehicle. Even though you were driving slightly faster than you should have been, you should still be compensated for the distracted driver’s major mistake.

Attorney speaking with client

The phrase, “I think I might have contributed to my own injuries” is not an uncommon one to us at Bottaro Injury Lawyers. We recognize and care that you are still a victim. Contact us to discuss the specifics of your case, free of charge.

Since our personal injury law firm sees this question often, today’s blog will discuss how you can still recover after an accident you were partially at fault for. Keep in mind that RI and MA have different recovery standards. Please make sure to speak to an attorney about the state-specific laws in your case.

What is Negligence?

 Let us start with the basics. When someone else causes you or your property harm, like in a car accident, you typically have what is called a negligence case. Negligence means that someone acted carelessly, so much so that the person or company caused another person harm.

At Bottaro Injury Lawyers, we have built our legal practice on proving our client’s negligence claims!

This means that we follow the legal standards set out by statute and case law to prove that a person or company’s negligence caused our client harm. However, clients are entitled to varying amounts of compensation, in part, based on how much they contributed toward their injuries.

I am Partially at Fault in My Rhode Island Personal Injury Case. What Does This Mean?

Rhode Island follows a legal standard known as pure comparative negligence. This means that an injured person has the right to recover the percentage of damages the other person or entity caused them.

For example, say that you were severely injured in a car accident. Your attorney helps you take your case to court and the jury finds that you were 60% at fault.  This means that you can still recover 40% of the compensation since the other person caused 40% of the accident. This standard allows even the people who had a part in their accident, a chance to recover.

Why does this matter?  Because even if you think your RI medical, property, and wage losses are unrecoverable, you might still have a case!  Call us now to discuss the specifics of your situation.

Printed Personal Injury Claim Form

In the event that you are partially at fault for your own personal injuries, a good personal injury attorney will work with insurance companies to find a payout that works.

I am Partially at Fault in my Massachusetts Personal Injury Case. What Does This Mean?

Compared to RI, MA follows a slightly modified negligence standard.

In other words, it is not as forgiving – if you are found more at fault than the other person or entity, then you cannot recover anything resulting from your injuries.

For example, say that the jury finds that you are 51% at fault and the other person 49% at fault. You cannot recover anything because you are mostly at fault. Had fault been assessed 50/50, you could recover.

These state-specific distinctions are often tricky, and that is why it is important to hire a skilled and local personal injury law firm that specializes in negligence claims.

If you or a loved one sustains personal injuries as a result of a car accident, slip, and fall, or any other accident, call us anytime 24/7 to discuss the nuances of your case!

It’s Good to Know Mike Bottaro – 24/7 Top-Rated Personal Injury Help

At Bottaro Injury Lawyers, we care for people.  Attorney Mike Bottaro and his award-winning legal team handle all types of personal injury cases throughout Rhode Island and Massachusetts.  We can even help on cases in other states as well.  We pride ourselves on our honesty, integrity, and results.  Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case.  Text or call us at 401-777-7777, or fill out our free and confidential online form.  We are here to serve and help you!

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