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Comparative fault and your personal injury claim

Auto accidents occur on a daily basis. If you or a loved one suffered injuries from an auto accident that was not your fault, you deserve compensation for your suffering.

Thankfully, a personal injury claim for your auto accident can aid in obtaining such payment. One critical aspect of a personal injury claim is the comparative fault law.


As the name indicates, comparative fault distributes fault amongst both parties of the accident by comparing their involvement in the incident. The courts make this determination in accordance with the state’s personal injury laws.

How it works

The courts examine the evidence to determine the course of the accident. Then, the court assigns a level of guilt to each party in the form of a percentage. If the party filing the claim is responsible for less than 50% of the accident, that party will receive an award for the other party's amount of fault. For example, if a party seeks $100,000 in damages and the court finds the accused party responsible for 65% of the accident and the filing party 35% responsible, the filer would receive a judgment for $65,000.

Evidence is key

As with any personal injury case, you will have to prove the fault of the other driver with evidence. If there were any witnesses to the accident, their testimonies can be quite beneficial. Not only can testimonies confirm the other driver's fault, but they may also help to limit the amount of fault the court holds you responsible for. Other beneficial pieces of evidence include a copy of the accident report. Take photos at the accident scene directly afterward, if possible. If you cannot obtain the report immediately after the incident, you should be able to pick it up at the police department or possibly retrieve it online.

Understanding the process for a personal injury claim is important to constructing a successful argument. It is also beneficial to have expert, knowledgeable support.

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Charleston, WV 25314

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