Three Things To Know About Blame In A Personal Injury Case

Posted on: 28 November 2018

It's a misconception that for a personal injury case to be successful, one party has to be entirely to blame and the other party — you — cannot be to blame at all. The simple truth of the matter is that there are lots of nuances about blame, and you shouldn't let any preconceived ideas that you have affect how you move forward after an accident and injury. When you're speaking to a personal injury attorney, don't be afraid to ask any questions that you have about blame, negligence, and any related topics. The more that you ask, the more that you'll learn — and you may quickly realize that you have a legitimate case. Here are three things to know about blame.

You May Be Partially To Blame

It's possible that you are partially to blame for your accident, and that's OK. While it could mean that you'll theoretically have to accept a slightly lower settlement than someone who isn't to blame at all, you can still move forward with a successful personal injury case. For example, if you were in a car accident in which another motorist ran into you, your blame in the accident may be that you were speeding slightly. Your attorney will argue that regardless of your speed, the other party's actions were what caused the accident.

You Just Need To Be Less To Blame Than The Other Party

In some accidents, you might be aware that the role you played was significant. This may concern you about whether or not you'll have a case that is worth taking forward. Any good personal injury attorney will point out that even if you are to blame for the accident in a big way, you just need to be less to blame than the other party. In other words, as long as your attorney feels that the defendant was more responsible for your accident than you were — even if the attorney breaks down the blame into a 60-40 percentage — you still have grounds for a case.

You Should Be Tight Lipped About Blame

Regardless of how much you're to blame, this isn't something that you want to talk about with anyone other than your personal injury lawyer and perhaps your immediate family. An admission of your blame to anyone who can serve as a witness for the defendant is bad news for your case, and will often result in a settlement that is less than it might otherwise be. Keep your feelings of blame to yourself and you'll be helping your personal injury case.