What if the injured party was partially at fault for the accident?

If the injured party was partially at fault for the accident in Arkansas, it may impact the outcome of a brain injury lawsuit. Arkansas follows the law of "comparative negligence," which means that if the injured party was partially responsible, their damages may be reduced or eliminated. In order for comparative negligence to be taken into consideration, it must be shown that the injured party was at least 50% to blame for the accident. If the injured party is found to be more than 50% at fault, they are not eligible to receive damages. However, it is possible for an injured party to be partially responsible for an accident while still receiving damages. Under the doctrine of "contributory negligence," if the injured party is found to have been less than 50% responsible for the accident, they are still eligible to receive damages, albeit at a reduced amount. In order to determine liability, the court will look at all of the facts and circumstances of the case and weigh them in proportion to the amount of fault each party has for the accident. If the court determines that the injured party was partially at fault, the damages they receive will be reduced in proportion to their degree of fault. However, the injured party can still receive compensation for the injuries they sustained as long as their degree of fault is less than that of the other party.

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What if the injured party was partially at fault for the accident?

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