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

When it comes to a brain injury legal case in Washington, the question of fault or partial fault can come into play. Generally, the state follows a comparative negligence system, which means that liability can be shared if both parties were at fault. In order for a party to be found partially at fault, they must have contributed to the accident in some way. This must be established in court in order for any kind of legal action to be taken. The courts will then apportion a percentage of fault to each party, based on how much they contributed to the accident. The award for damages will then be reduced by the percentage of fault attributed to the injured party. For example, if the injured party was found to be 25% at fault for the accident, the award of damages would be reduced by 25%. This means that if the award in damages was $10,000, the injured party would only receive $7,500. In order to establish partial fault, an injured party must provide evidence or testimony that the other party was also at fault. This could include eyewitness testimony or expert opinions. By understanding how partial fault works in brain injury cases in Washington, an injured party can make more informed decisions about taking legal action. It is important to seek legal counsel to ensure that any rights and interests are respected and preserved.

Related FAQs

What are “catastrophic” brain injuries?
Are there any support services available to people with a brain injury?
What types of medical records are necessary to prove a brain injury?
How does the law define “disability” for a brain injury case?
What kind of evidence do I need to prove a wrongful death due to a brain injury?
Is a brain injury considered a temporary or permanent disability?
What is a “loss of relationships” claim?
What if the injured party had a pre-existing brain injury?
What is a “loss of enjoyment of life” claim?
What is a defense to a brain injury lawsuit?

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

Related FAQs

Related Blog Posts