Can I get a settlement even if I was partially at fault?
In Delaware, if you are involved in a car accident that was partially your fault, you may still be able to receive a settlement. It is important to know, however, that Delaware follows a "modified comparative fault" rule when it comes to car accident claims. Under this rule, an injured person cannot receive a settlement if they are more than 50% to blame for the accident. If you are determined to be less than 50% at fault for the accident, you are still eligible to receive a settlement. However, your settlement amount may be reduced by the amount of fault assigned to you. For example, if you are found to be 25% at fault, your settlement amount will be reduced by 25%. Additionally, the other driver or their insurance company may attempt to use your partial fault as a way to reduce the amount that they must pay. In such a case, it is important to seek competent legal advice to ensure that your interests are represented. It is also important to remember that the statute of limitations for car accident claims in Delaware is two years so it is important to file any claim within that time period. With the right legal help, you may still receive a settlement even if you are partially at fault for the accident.
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