QUESTION
Can I sue for body injuries if both parties were at fault?
Asked on Mar 18th, 2013 on Personal Injury - California
12 ANSWERS
Ronald A. Steinberg
Yes, but under Michigan law, if you are considered more than 50% at fault (50.0001%), then you will get nothing for your pain and suffering or other damages.
Answered on Mar 31st, 2013 at 8:13 PM
Civil Litigation Attorney serving Fort Lauderdale, FL
at
Angelo "Tony" Marino, Jr., P.A.
Update Your Profile
Only if you meet the no-fault threshold, which generally means you sustained a permanent injury from the accident.
Answered on Mar 21st, 2013 at 3:11 PM
Yes, under Nevada law there is comparative negligence. If you were less than 50% at fault, you can sue.
Answered on Mar 18th, 2013 at 9:45 PM
Personal Injury Attorney serving Marietta, GA
at
Law Office of Ronald Arthur Lowry
Update Your Profile
If the other party was more at fault than you were, yes. Georgia is a comparative negligence sate meaning that the jury compares the amount of negligence of the defendant to the amount of negligence of the plaintiff on a percentage basis. If the defendant is more negligent the the jury then reduces the award by the percentage of the plaintiff's negligence. For example, if 100% of the damages are $100,000 and the plaintiff is 40% negligent and the defendant is 60% negligent, the jury returns a verdict in favor of the plaintiff for $60,000.
Answered on Mar 18th, 2013 at 4:36 PM
Personal Injury Law Attorney serving Naperville, IL
at
Law Office of Barry R. Rabovsky
Update Your Profile
We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Mar 18th, 2013 at 4:35 PM
Thomas Edward Gates
While you may, any award would be reduced by the amount you contributed to the body injuries.
Answered on Mar 18th, 2013 at 4:35 PM
Christian Joseph Menard
The law used to be that a plaintiff's negligence barred any recovery for injuries. However, the law changed and now the plaintiff's negligence is compared with that of the defendant's. The value of the plaintiff's claim is then reduced by the percentage of the plaintiff's negligence. For example, if both plaintiff and defendant were equally at fault, the plaintiff's claim would be reduced by 50%.
Answered on Mar 18th, 2013 at 4:35 PM
James Eugene Hasser
You can, but you won't win or even get your case to trial! You have to be completely free from fault to have a case in Alabama.
Answered on Mar 18th, 2013 at 4:34 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Yes; in Florida we have comparative negligence, and if both parties were at fault, if the Plaintiff was found 70% at fault, for example, they would still be able to recover 30% of the value of their damages.
Answered on Mar 18th, 2013 at 4:34 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Not in North Carolina. You must be Simon Pure to win a lawsuit.
Answered on Mar 18th, 2013 at 4:34 PM
Personal Injury Attorney serving Atlanta, GA
at
Gregory S. Shurman, LLC
Update Your Profile
Yes, if you were one of the at fault parties, you must be found to be less than 50% at fault if you are to recover anything.
Answered on Mar 18th, 2013 at 4:32 PM
Workers Compensation Attorney serving Oakland, CA
at
Farber & Foote, LLP
Update Your Profile
Yes. There is an issue of comparative fault in every case to determine and apportion the fault to each party involved. You should contact an attorney in your area that specializes in auto accidents.
Answered on Mar 18th, 2013 at 4:31 PM