Can I still file a claim if I was partially at fault for my injury?

Yes, it is possible to file a claim for a catastrophic injury even if you were partially at fault for your injury. Oregon is a comparative fault state, meaning that damages will be adjusted according to the amount of fault or negligence attributed to each party involved in the incident. This means that even if you were partially at fault for your injury, you may still be able to recover compensation for your injuries. In Oregon, the amount of damages that a potentially liable party can be held responsible for is determined by the percentage of responsibility attributed to them. If, for example, you were 20% to blame for your injury and the total amount of damages is $100,000, the party you are holding responsible can only be held liable for 80% of the total damages ($80,000). However, it is important to note that if your percentage of fault is 50% or more, you will not be able to recover any damages from the potentially liable party. It is important to note that the complexity of catastrophic injury cases make it important to seek out experienced legal assistance to help you navigate the claims process. An experienced catastrophic injury attorney will be able to understand and calculate your fault and how it will affect the amount of damages you are entitled to.

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