Can You File a Claim If Your Injury Was Partially Your Fault?

Accidents can happen anytime anywhere, but sometimes, both the people involved in the accident are responsible for it. Moreover, if you are injured, and it’s your mistake too, you may wonder: can you still file a claim?

The answer to this question totally depends on the state laws you are in. However, Nevada has a modified comparative negligence rule. This means you can recover the damages from the insurance company as long as you are less responsible for the accident.

So, here hiring a personal injury lawyer in Las Vegas can help you with the regulation for the compensation you receive. Many insurance companies often use the wrong techniques to shift the blame on the victim to reduce payouts, so it’s important to fight for your rights and get the settlement amount you deserve.

Understand Liability in Personal Injury Cases

When you meet with an accident, there are some questions you need to know: First and important one: Who is at fault? This means who takes the liability, the legal responsibility for the accident. One whose negligence caused the accident would be liable for the damages, but if both parties share blame then things become complicated.

Then to determine whose fault is this, a police report is filled. Investigators check the witness statement, accident footage, and record to find whose fault is this. If you were speeding, on the wrong side, or made a small mistake that caused an accident, you can still apply for compensation from your insurance company.

However, the compensation depends on the mistake you made that caused the accident. But an injury lawyer in Las Vegas helps you gather accurate evidence that proves the other party was at fault not you, increasing your compensation amount.

What is Contributory Negligence vs Comparative Negligence

Comparative Negligence

Comparative negligence is known as a legal principle that helps victims eligible for compensation even if they were somehow responsible for the accident. Comparative Negligence is used in most states, including Nevada. Following are the 2 types of comparative negligence:

Pure Comparative Negligence: It allows victims to recover damages even if they are 99% at fault, but their amount is reduced according to their fault.
Modified Comparative Negligence (Nevada’s Rule): According to this rule, you can file a claim only if you are less than 51% responsible for the accident.

In other terms, if you suffered a $100,000 loss but you are 20% responsible for the accident then you will get only $80,000. But personal injury lawyers in Las Vegas can argue with the company and maximize your payout.

Contributory Negligence

Contributory negligence is a stricter rule followed by states like Alabama, Maryland, North Carolina, Virginia, and Washington, D.C. Under this system, if you are even 1% at fault, you cannot recover any compensation. This rule is often criticized for being too harsh on injury victims.

Nevada’s comparative negligence system is much more forgiving, allowing partially responsible individuals to still receive financial compensation. However, insurance companies will try to claim you were more at fault than you actually were. That’s why having a personal injury lawyer Las Vegas on your side is crucial—they can counter unfair fault assessments and fight for fair compensation.

How Partial Fault Affects Your Compensation

The more fault assigned to you, the less money you can recover. Nevada courts use comparative negligence to determine compensation by reducing your payout by your percentage of fault.

For example, let’s say:

Your total damages: $200,000
You were found 40% at fault
Your final payout: $120,000 after a 40% reduction

Factors that influence fault determination include accident reports, witness statements, and insurance company investigations. If the other party is blaming you unfairly, a personal injury lawyer Las Vegas can challenge the findings with stronger evidence, such as traffic camera footage or expert witness testimony.

The key is proving the other party’s greater responsibility. Insurance adjusters often overestimate your fault to pay you less, so don’t accept their first offer without reviewing it with legal counsel.

Proving Your Case Even If You Were Partially at Fault

Even if you made a mistake that contributed to your accident, you still have options to strengthen your case and maximize your settlement. Here’s how:

Gather solid evidence: Take photos and videos of the accident scene, get medical records, and collect eyewitness testimonies.
Hire expert witnesses: Professionals in accident reconstruction can provide reports that support your case.
Let a lawyer handle negotiations: A personal injury lawyer Las Vegas knows how to counter lowball settlement offers and challenge insurance companies’ assessments.
Avoid making statements that admit fault: Saying “I’m sorry” or “I didn’t see them” can be twisted against you in court.
File your claim on time: Nevada has a two-year statute of limitations for personal injury cases. Waiting too long could prevent you from recovering anything.

What to Do If You’re Being Blamed for the Accident

Being blamed for an accident can feel frustrating, but there are ways to protect yourself from unfair fault assessments:

Stay calm and do not admit guilt. Even a simple apology could be used as evidence against you.
Get witness statements. If someone saw the accident, their testimony can help clarify what happened.
Request a formal investigation. A personal injury lawyer Las Vegas can request additional evidence to challenge the insurance company’s findings.
Avoid discussing your case on social media. Anything you post can be used against you by the opposing party.

Wrapping Up

Being partially at fault for an accident does not mean you lose your right to compensation. Nevada follows a modified comparative negligence rule, allowing you to recover damages as long as you are less than 51% responsible. However, insurance companies will try to reduce their payouts by increasing your fault percentage, which is why legal representation is essential.

A personal injury lawyer Las Vegas can fight to prove the other party’s greater responsibility, negotiate a fair settlement, and ensure you receive the maximum compensation possible. If you’ve been injured and share some fault, don’t assume you have no options. Fight for your rights—speak with a personal injury lawyer Las Vegas today and get the justice you deserve.