Posted in Personal Injury on August 27, 2026
In some places, if you were partially at fault for your injury, you can still recover compensatory damages from other liable parties as long as your Long Beach personal injury attorney can prove that they acted negligently.
For example, California follows pure comparative negligence. With this, your degree of fault can dictate whether you’ll get compensation for your injury.
Consider what can happen if you live in California, sue someone for your injuries from an auto accident, and are 20% at fault. In this situation, you’ll recover 80% of the damages you sought.
Pure comparative negligence allows you to receive a percentage of damages based on your degree of liability. This means you can be 99% at fault for your injuries and still get damages.
Other states follow modified comparative negligence, which follows a 50% or 51% bar rule. In these states, if your share of fault exceeds this limit, you cannot receive compensation.
Certain jurisdictions utilize contributory negligence. Under contributory negligence, if you are partly liable for your injury, you can’t recover damages. This applies even if you’re 1% at fault.
What If You Were Partially at Fault for Your Injuries and Want to Get Compensation from Other Liable Parties?
You can file an insurance claim or a personal injury lawsuit to seek compensation from anyone responsible for your injuries, regardless of your degree of liability.
In a claim, a liable party’s insurance company can negotiate a settlement with you or your personal injury attorney that encompasses your medical bills, lost wages, and other injury-related losses.
By filing a Long Beach accident lawsuit, you can have a judge or jury review your case, assess negligence, and decide whether you should be awarded compensatory damages.
Even if you file a lawsuit, you can still negotiate a settlement outside of court. If no agreement is reached, you can have a personal injury lawyer argue your case in front of a judge or jury.
How to Get Compensation if You Were Partially at Fault for Your Injury
Partner with a lawyer with relevant case experience if you were partially at fault for your injury. Your attorney can learn about your case and help you determine whether to file a claim or lawsuit.
Gather evidence to support your case for compensatory damages. Accident scene photos and videos, medical records, police reports, witness statements, and other proof can help you prove negligence.
Calculate your economic and non-economic damages. Depending on the circumstances, you can pursue compensation for your medical costs, pain and suffering, loss of income, and other losses.
Engage in settlement negotiations with an at-fault party or their insurance company. If you hire a lawyer, they can handle these negotiations and keep you updated about any settlement offers.
If you get a settlement proposal, review it with your lawyer before you decide on it. Together, you and your Long Beach slip and fall attorney can weigh the offer’s pros and cons, and you can make an informed decision.
Don’t admit fault for your injury. What you say to a liable party or their insurer can hurt your chances of recovering compensation for your injury-related losses through a claim or lawsuit.
Bring your case to trial if you do not get a settlement offer that you feel is sufficient. Have an attorney present your case to a judge or jury, as they can detail why your damages request is valid.