Can I Still Pursue a Personal Injury Claim If I Was Partially at Fault?
Were you partially at fault for your own accident? Whether it was a car crash, slip and fall, or any other type of accident, you can still bring a personal injury claim in Pennsylvania so long as your degree of fault is not in excess of 50%. Here, our Chambersburg personal injury attorney explains the key points to know about comparative negligence in Pennsylvania.
Pennsylvania is a Modified Comparative Negligence State
You can recover compensation even if you are partially at fault for your own accident in the Commonwealth. Under Pennsylvania law (42 P.S. § 7102), a modified comparative negligence rule applies. The law allows injured victims to recover damages even if they were partially at fault, so long as their share of fault does not exceed 50%.
If you are found to be more than 50% responsible, you are barred from recovering any compensation. However, when you are 50% or less at fault, your damages award is reduced proportionally to your percentage of blame. That means every percentage point of fault that is assigned to you after an accident will reduce your settlement or verdict.
Understanding Comparative Negligence Through Examples
It is easiest to understand how modified comparative negligence works by using examples. Imagine that you were hurt in a slip-and-fall accident at a retail store in Chambersburg. In total, you sustained $40,000 in damages. Here is how much you would be able to recover in financial compensation based on being assigned different levels of fault for the incident:
- 0% Fault: If you were not at fault at all, you have the right to seek compensation for the full extent of your damages. Zero percent fault means that you can pursue a 100 percent recovery, or the full $40,000.
- 20% Fault: If you are assigned 20% blame for your own slip and fall, you would be liable for 20% of your own damages. In this case, you would be responsible for $8,000. You could still pursue compensation for the remaining 80% ($32,000). The higher your blame, the more money that would come out of your settlement.
- 70% Fault: As Pennsylvania is a modified comparative fault state, you cannot recover compensation for an accident if you bear the majority of the fault. If you are found to be 70 percent liable for your own slip and fall, your recovery would be $0. Even though you were not fully at fault for your accident, you will still not be able to recover any compensation.
Get a Free Case Review With Our Chambersburg, PA Personal Injury Lawyer Today
At DiLoreto, Cosentino & Bolinger P.C., our Chambersburg personal injury attorneys are aggressive advocates for justice. If you or your loved one was hurt in an accident and was found partially at fault, please do not hesitate to contact us for a free case review. From our offices in Chambersburg and Gettysburg, we handle personal injury cases throughout Central Pennsylvania.