Can I recover damages if I was partially at fault in an accident?

In Virginia, the answer to whether you can recover damages if you were partially at fault in an accident depends on how much fault you had. Virginia follows a modified comparative negligence rule, which states that if an injured person is found to be more than 50% at fault for an accident, then they cannot recover any damages. However, if an injured person is found to be 50% or less at fault, they can receive some type of damages, but the amount they recover will be reduced by their percentage of fault. For example, let’s say you were involved in an accident where you were found to be 40% at fault. Under the modified comparative negligence rule, you would still be able to recover damages, but the amount you receive would be reduced by 40%. So, if you were awarded $100,000 in damages, you would only receive $60,000 after subtracting the 40% that you were found to be at fault for. It is important to remember that while the modified comparative negligence rule applies to personal injury cases in Virginia, the court always has the power to assign fault in an accident in whatever proportion it deems just and reasonable. Therefore, it is important to seek advice from a lawyer who is familiar with Virginia’s personal injury law in order to determine the best course of action and to ensure that you are getting the most out of your case.

Related FAQs

What is the difference between a soft tissue injury and a severe injury?
What is the best way to get the most money from my personal injury case?
What can I do if the at-fault party refuses to pay my settlement?
What is a contributory negligence defense and how does it impact my case?
What is the difference between a personal injury claim and a lawsuit?
What should I do if I'm involved in a car accident with an uninsured driver?
What do I need to do to prepare for a personal injury case?
How will my settlement be affected by my health insurance coverage?
What are the common types of damages in a personal injury case?
What can I expect during a personal injury lawsuit?

Can I recover damages if I was partially at fault in an accident?

Related FAQs

Related Blog Posts