After some accidents, it’s extremely obvious who is at fault and who is innocent, but there are others that are not quite so clear. If you were involved in an accident and it is being considered a 50/50 split liability case, what can you do about receiving compensation? Is it possible to file a claim if you were partly at fault? The following should help you understand just a little about your situation, though you should get in touch with a personal injury lawyer for more information.
What Is 50/50 Split Liability?
This type of case is one in which you and the other party or parties were all held equally responsible for an accident. For example, if you and a driver going the opposite direction both cross over the middle line on the road, you both made a mistake and would probably both be held responsible. Sometimes it’s clear at the time of the accident that two or more parties are at fault, while other times it takes an investigation to make that determination.
What Damages Can Be Sought?
In most cases, someone filing a personal injury claim for a 50/50 would only be entitled to half of the general damages. This could include emotional displacement, pain and suffering, physical disfigurement, and physical impairment. Many 50/50 cases don’t allow damages such as medical expenses, lost wages and loss of employment, but it is possible, so it’s something you and your attorney should look into.
What’s the First Step in Filing a Claim?
The first thing you should do is seek out the assistance of an attorney. 50/50 split liability cases can be confusing and difficult if you don’t know what you’re doing. An attorney can help you make a case for yourself, including gathering evidence and interviewing witnesses to show that you deserve at least half of the compensation. It’s also possible your attorney will uncover evidence that suggests you were at no fault in the accident. In that case, you can file to determine fault with the other party and can begin to seek damages.
When Should the Process Begin?
There is a deadline that limits the time in which you have to file a claim. Whether you’re filing a claim with the insurance company or are filing a lawsuit against another party, it’s important you understand the amount of time you have so you don’t miss your chance to receive the compensation you deserve.
Obtaining Legal Counsel
Whether you’re navigating the world of insurance claims or hope to file a lawsuit, you need the professionals by your side. To learn more about personal injury cases, contact a personal injury lawyer, like a personal injury lawyer in St. Paul, MN.
Thanks to Johnston & Martineau, PLLP for their insight into filing a claim if you are partially at fault in an accident.