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Contributory Fault

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You must prove another party caused your injuries to recover damages for a personal injury claim in Minnesota. However, if you are partially to blame for causing your injuries, your damages may be barred. You may sometimes be barred from receiving any damages if you share fault for causing your injuries.

What Is the Difference Between Comparative Negligence and Contributory Negligence?

What Is the Difference Between Comparative Negligence and Contributory Negligence?

Both terms refer to how damages are divided in a personal injury case when more than one party is to blame for an accident. Contributory negligence (i.e., contributory fault) is the harshest standard. It is only used in the District of Columbia and four states.

Under contributory negligence, a victim is barred from receiving damages if they share blame for the cause of their injuries. Even if the victim is 1% to blame, they cannot recover any money for their losses and injuries.

Comparative negligence (i.e., comparative fault) is used in all other states. It allows the injured party to recover damages even if they are partially at fault. However, their damages are based on their level of fault. Some states set a bar if the victim is found to be 50 or 51 percent to blame.

What Standard Does Minnesota Use for Contributory Fault?

Minnesota applies a modified comparative fault standard to personal injury claims. Under Minnesota law, contributory fault does not bar recovery of damages. However, damages will be diminished in proportion to the victim’s fault.

Therefore, suppose a jury determines you were 35% to blame for causing the accident that resulted in your injuries. If you are awarded $250,000 in damages, the judge will reduce your damages by 35% or $87,500.

However, suppose the jury finds that you are 60% to blame for causing the accident. In that case, you would be barred from receiving any damages. In Minnesota, if the victim is found to be more than 50% responsible for their accident, they cannot recover damages.

Steps to Protect Yourself Against Claims of Contributory Fault in a Minneapolis Personal Injury Case

Regardless of whether you believe you could be at fault for an accident, there are steps you can take to protect your rights. The moments after an accident or injury are confusing. You may not consider all the factors that could have contributed to the cause of your injuries.

Things to remember after an accident include:

  • Never say you are sorry for an accident. Apologizing could be interpreted as admitting fault.
  • Tell police officers and other officials the facts. Be honest, but do not admit fault.
  • Document the accident scene by making a video and taking pictures.
  • Ask eyewitness for their names and contact details.
  • Seek immediate medical treatment for your injuries. Tell the doctor how you were injured without making comments about fault.
  • Do not discuss the details of the accident online or with other people.
  • Never agree to provide a written or recorded statement to the insurance company. Insurance adjusters are trained to ask leading questions to try to get you to admit fault.
  • Write down everything you remember about the accident, including statements made by the other party.

As soon as possible, talk with a Minneapolis personal injury lawyer. An attorney can investigate the cause of your injuries to determine fault. They will identify who caused the accident, including whether you could be partially at fault.

Proving Fault for a Minneapolis Personal Injury Case

Most personal injury cases are based on negligence. Proving negligence requires that you have evidence establishing:

You have the burden of proving that the other party had a legal duty to use reasonable care to avoid causing someone to be injured. That person breached that duty through their actions. The breach of duty was the direct and proximate cause of your injuries, resulting in damages.

What Damages Could I Receive for a Personal Injury Claim?

Your fault could have an impact on the amount you receive for your claim. However, victims can recover damages for their financial losses, injuries, and emotional suffering.

Examples of economic and non-economic damages in a personal injury case include:

  • Medical expenses and bills
  • Emotional distress and mental anguish
  • Out-of-pocket expenses
  • Impairments and disability
  • Lost wages and benefits
  • Scarring and disfigurement
  • Loss of enjoyment of life
  • Reduced earning capacity
  • Diminished quality of life
  • Rehabilitative care and therapy
  • Pain and suffering

Document all damages carefully to maximize the value of your claim. Keep copies of all receipts and bills showing how much you paid for expenses related to your injuries. It is also helpful to keep a pain and suffering journal with details about your recovery.

Insurance companies use contributory fault to their advantage. Contact a Minneapolis personal injury attorney for a free consultation.

Talk to a Minneapolis Personal Injury Lawyer About Your Claim

If you face this situation, don’t try to represent yourself. Instead, seek the services of an experienced Minneapolis personal injury attorney.

Contact or call our law firm Hall Law Personal Injury Attorneys to request a free consultation with an experienced Minneapolis personal injury attorney at (800) 292-1979.

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