In personal injury law, comparative negligence allows individuals who are partially at fault to still recover damages proportionally (e.g., 80% recovery if 20% at fault), and fault is ultimately determined through investigation and evidence rather than solely by police reports or insurance company claims.
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One of injury law’s biggest misconceptions.
Added:Three things people get wrong about fault.
But I was partially at fault.
This is one of the most misunderstood areas of personal injury law. And insurance companies exploit that confusion every day.
Myth.
If I was 20% at fault, I get nothing.
Fact. In most states, comparative negligence means you can still recover.
You just receive a proportionally reduced amount. 20% at fault? You may still recover 80% of your damages.
Myth. The police report determines fault.
Fact. Police reports are one piece of evidence, not the final word.
Officers can be wrong, and fault is ultimately determined through investigation, evidence, and legal argument. Myth.
My insurance company will fight for me.
Fact. Your insurance company has its own interests. An independent personal injury attorney fights exclusively for you. Not the insurance company, not the other side.
Fault is rarely black and white. Don't let the insurance company write the story.
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