Can I still get compensation if I’m partially at fault? – Bennerotte & Associates, P.A.

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Transcript: 

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That is a great question and it does vary from juris jurisdiction to jurisdiction how that question is viewed but generally in the states we practice in in the upper Midwest the answer would be as long as you are 50% or less at fault you can still recover. Now there is still a catch though and the catch is this. Your compensation would be dictated or influenced by the percentage fault. So, if let’s say you had a million dollar verdict and you were 50% at fault, you’d only be able to collect

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500,000 or half of it. So, your compensation will get reduced by the percentage of fault attributed to you, but your fault has to be equal or less than other defendants. It does get a little funkier if you have multiple defendants. So, when I’m using the 50/50, that would assume one other at fault party. But the the reality is as long as you’re equal or less at fault than the other parties, you’re going to collect your percentage of damages, but it would be influenced by the percentage

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of fault that was attributed to You.