Can You File a Personal Injury Lawsuit If You Were Partially at Fault?

When you get injured as a result of someone else’s negligence, you have the right to file a personal injury lawsuit. “Negligence” is the legal term for fault—and at-fault parties can generally be held accountable for victims’ injuries under Arkansas law. 

So, what happens when you are partially at fault for your own injuries? 

The answer to this question depends on the specific circumstances involved. In some cases, being partially at fault can limit the amount of financial compensation you are entitled to recover in a personal injury lawsuit. In others, it can prevent you from recovering financial compensation entirely. 

Understanding How Partial Fault Impacts Personal Injury Lawsuits in Arkansas 

To understand how partial fault impacts personal injury lawsuits in Arkansas, we have to look at the state’s “comparative fault” law. This law (Section 16-64-122 of the Arkansas Code) has two key provisions:

• Less Than 50% At Fault – If the plaintiff in a personal injury lawsuit was less than 50% at fault in the accident giving rise to the lawsuit, the plaintiff’s damages will be “diminished in proportion to the degree of his or her own fault.” 
• 50% At Fault or More – If the plaintiff in a personal injury lawsuit was 50% or more at fault in the accident giving rise to the lawsuit, the plaintiff “is not entitled to recover . . . damages.” 

In other words, you can recover a portion of your losses in a personal injury lawsuit as long as you were less at fault than the other party. If you and the other party were equally at fault—or if you were primarily at fault—you are not entitled to any financial compensation under Arkansas law. 

Never Assume You Were Partially at Fault 

Given the importance of partial fault in Arkansas personal injury cases, you should never assume that you are partially to blame for your injuries after an accident. Not only do you need to have an accurate understanding of whether any mistakes you may have made contributed to your injuries, but you also need to have an accurate understanding of your specific percentage of fault (if any). 

To illustrate, let’s look at an example. Let’s say you were seriously injured in a car accident, and your damages amount to $100,000. Here are some of the ways that being deemed partially at fault could impact your personal injury lawsuit after the crash:

• If You Were 5% At Fault – If you are deemed 5% at fault in the accident, you would be entitled to recover 95% of your losses, or $95,000.
• If You Were 49% At Fault – If you are deemed 49% at fault in the accident, you would be entitled to recover 51% of your losses, or $51,000.
• If You Were 50% At Fault – If you are deemed 50% at fault in the accident, you would not be entitled to recover any financial compensation. 

As you can see, partial fault can play a huge role in a personal injury lawsuit under Arkansas’s comparative fault law. This makes it essential to ensure that you do not let the insurance companies unjustly blame you for your own injuries. 

Dealing with Allegations of Partial Fault in a Personal Injury Lawsuit 

With this in mind, what can (and should) you do to protect yourself if you have been injured in an accident in Rogers, Arkansas? To help minimize your risk of facing unjustified allegations of partial fault, you should: 

1. Hire a Personal Injury Lawyer to Investigate

Avoiding unjust allegations of partial fault will require evidence of what really happened. This means that you should hire a Rogers personal injury lawyer to investigate your accident as soon as possible. 

2. Work with Your Lawyer to Make Informed Decisions

Once you have the evidence needed to accurately assess your legal rights, you should work closely with your personal injury lawyer to ensure that you are making informed decisions—not assumptions. 

3. Rely on Your Lawyer to Handle Your Personal Injury Lawsuit 

Regardless of your percentage of fault, you will want to rely on your Rogers lawyer to handle your personal injury lawsuit on your behalf. This will help ensure that you don’t settle for less than you deserve.

Contact Us for a Free Consultation with an Arkansas Personal Injury Lawyer Today 

If you need to know more about filing a personal injury lawsuit in Rogers, Arkansas, we encourage you to contact us promptly. Oliver Law Firm has extensive experience handling a range of personal injury cases. We are committed to helping our clients recover the maximum compensation to which they are entitled under the law.

Contact the experienced personal injury lawyers at Oliver Law Firm today online or at 479-202-5200 for a FREE case evaluation. We serve clients throughout Arkansas and throughout the United States from our office in Rogers, AR.