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Can I still recover compensation if I was partially at fault?

In most states, yes — being partially at fault does not automatically bar you from recovering compensation. The majority of states follow some form of comparative negligence, which means your compensation is reduced by your percentage of fault. Under pure comparative negligence (used in states like California, New York, and Florida), you can recover even if you were 99% at fault — though your award would be reduced accordingly. Under modified comparative negligence (used in most other states), you can recover only if your fault is below a threshold — typically 50% or 51%. A small number of states still follow contributory negligence, where any fault on your part can completely bar recovery. An attorney can assess your state's specific rules and argue to minimize your assigned percentage of fault.

For informational purposes only. Not legal advice. Consult a licensed attorney.

Related Topics

partial fault personal injurycomparative negligencecontributory negligenceshared fault claim

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