What if I'm partly at fault for my ski accident?

If you’re partly at fault for your ski accident in Delaware, it may affect your legal rights. Delaware is a “modified comparative negligence” state, which means that you can still recover damages for an accident and sue for compensation if you’re responsible for less than 50 percent of the incident. However, if you’re found to be at least 50 percent responsible for the accident, you won’t be able to recover any damages. In that case, you will be completely barred from receiving compensation for the damages you incurred and won’t be able to sue. This is known as the “50 percent bar” rule and applies to all personal injury claims, including ski accidents. If you’re found to be less than 50 percent at fault for your accident, but more than 0 percent, the court will adjust your final award according to your level of responsibility. So if you’re found to be 10 percent at fault, for example, your final recovery amount might be decreased by 10 percent. No matter what, it’s important to seek legal advice if you’re involved in a ski accident. An attorney can explain the nuances of Delaware’s laws regarding ski accidents and negotiate with insurance companies on your behalf to ensure you get the full amount of compensation you deserve.

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