Our state recognizes comparative fault. This means that if you pursue a personal injury lawsuit after a suffering a catastrophic injury and are subsequently found to have contributed to the wreck, then any amount of compensation that’s awarded to you will be reduced by the amount of fault assigned to you. For example, if your damages total $100,000 and that’s what a jury awards, but you’re found to be 40% at fault, then you’ll only walk away with $60,000. This can leave you well short of what’s needed to cover your recovery costs and set you on course to reclaiming your normal life.
Depending on the facts of your case, you might have several options to defend against comparative fault arguments. These include:
- Using expert testimony to contextualize how your actions did or did not contribute to the wreck.
- Attacking the credibility of the defense’s witnesses to minimize the amount of weight the jury will give their accounts.
- Showing mitigating circumstances, such as that you took reasonable steps in what appeared to be an emergency situation.
- Emphasizing the egregiousness of the defendant’s contributions to the crash.
- Avoiding making statements that further indicate that you may be partially to blame for the accident.
Carefully navigate your catastrophic personal injury case
A haphazardly thrown together catastrophic injury case can leave you facing an uphill battle to recover what’s needed to stabilize your future. That’s why it’s imperative that you diligently gather evidence and craft your legal arguments to maximize your chances of winning your case and securing the resources necessary to get you back on your feet. Hopefully then you can confidently proceed with your case while aggressively advocating for your interests.