Personal Injury Attorney Hillsboro

Yes. A jury will compare the fault of the parties. If you are found to be more than 50% at fault, the defendant will prevail. If you are found to be 50% or less at fault, you will be the prevailing party. Your award will be reduced by your percentage of fault.

In Indiana, so long as your percentage of the fault for the incident is 50% or less, you can still make a claim, assuming the applicable statute of limitations has not yet expired (2 years from the date of the incident in Indiana).

Yes, its called comparative negligence.

In Mississippi you can recover if you are partially at fault. Mississippi is a "comparative negligence" State, which means the jury has to determine what percentage of fault belongs to the plaintiff and what percentage of fault belongs to the defendant, and the damages are apportioned accordingly. So for example, if the jury determines that you were 50% at fault and the defendant 50% at fault, your damages would be reduced by 50%.

Yes- under Idaho law, there is a process whereby negligence (fault) is assessed on a percentage basis between the parties involved. If your "fault" is less than 50% of the total negligence causing the injury, then you can or may be able to recover for your injuries based on the percentage of fault of the other party. Example- if you have $10,000 in damages, and you are 40% at fault, the other party is 60% at fault, you could recover 60% of your damages or $6000.

Yes you can still receive money (or "file for personal injury") if an incident is partly your fault as long as you are less than 50% at fault. In Nebraska, if you are 50% or more at fault for an incident then you can collect money for any injuries and damages you sustained. If the fault for the incident is 50/50 you cannot collect. As long as you are less than 50% at fault you can receive money. Any fault on your fault reduces the amount of money you will receive for your injuries and damages. For example, if your case is worth $1,000.00 and you are 40% at fault, you would receive $600.00 as the total value of your case is reduced by your percentage of fault, which in this example is 40% or $400.00. DISCLAIMER: This response should be considered general in nature and for information purposes only and should be used only as a starting point for addressing your legal issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under the applicable law and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.

Not in Virginia, without careful consideration. Virginia is one of the few states in the Union that has retained contributory negligence as a complete defense.

Yes. The state of South Carolina allows for a type of negligence where it can be partly your fault and partly the other person's fault. However, the recovery can be reduced by the percentage of fault. In other words if you get a $50,000 recovery but you are 50% at fault, you would only be entitled to receive $25,000.

Yes, but it depends upon what percentage of fault you have.

In Massachusetts, the at fault party must be at least 51% at fault to be able to make a claim. Your comparative negligence would affect the amount offered. For example, if your case is worth $10,000, but you are deemed to be 25% at fault, you may only be entitled to $7500.

Yes you can, but it depends on the facts of the case. Discuss them with a lawyer.

Yes you can file a lawsuit to recover damages if you were more than 50% at fault. On the other hand there may be defenses and other issues that are important to consider so you should seek advice from an attorney right away.

Yes. As long as the other person is more than 50% liable then yes. However, in Utah there is a comparative fault regime so your claim would be reduced by the percentage you were at fault.

In California, you can since we have comparative fault laws. Your claim would be diminished by the percentage of your own fault as compared to the defendant. You should consult an attorney as soon as possible so your claim can be presented in the best light most favorable to you, and the insurance company knows you have an attorney to present the case to a jury if it gets that far.

It depends. The comparative fault doctrine in Nevada permits compensation to an injured person who is less than 51% at fault in a motor vehicle accident.

In Alabama, contributory negligence is a complete bar to recovery in a negligence action.

In Rhode Island you may still have a claim. RI uses a comparative negligence system. Your compensation/recovery will be a percentage based upon the percentage of fault attributed to the tort feasor.

Under Michigan law, you must be less than 50% at fault.

Possibly. New York is a pure comparative fault/negligence state. In NY, a jury or judge will be required to determine the fault of each party. Even if a party is 99% at fault, in theory, they can still recover. However, any verdict will be reduced by the parties comparative fault. For example, if there is a $10,000 verdict and you are 50% at fault, you would received $5,000. That being said, if a party is mostly at fault for a harm a jury may assign a percentage of fault that is higher to compensate the least responsible party. Good luck.

You can still file a case but there will be an evaluation on how much you contributed to the accident and injury which will impact how much if any compensation you receive.

Yes. If the other party is more at fault, it may reduce your award, but you can still recover damages. If you were more at fault, you may get nothing.

You must be less than 50% at fault to file an injury claim in this state.

In Virginia, if you contribute to the event which causes the injury, you are barred from recovery.

The only way to know whether or not you will be able to recover and/or file is if you consult with an attorney. The attorney will be able to evaluate your claim and determine whether or not you have a claim. The attorney may also be able to assist you in evaluating whether or not the incident could be attributed to your fault. Good luck.

You can file but you will lose. If you are in any degree at fault in NC you cannot collect. NC is one of about 4 states where this is true.

While it is possible in Illinois a person who is at least fifty percent liable is precluded from recovering any money or claim.

Oklahoma has a comparative negligence standard. A jury would determine what percent of the injury is your fault and what percent is the fault of the other party. Your percent of fault is deducted from the other person's fault to determine ultimate responsibility. For example you are 45% responsible and the other party is 55% responsible and your total damages are $100.00. You would be entitled to a $45.00 recovery. If you are 50% or more responsible then you have no recovery.

Yes you can. If you are 30% responsible you will be entitled to 70% of your damages.

Michigan follows what is known as a 'modified comparative negligence' theory, otherwise known as the 51% RULE. If you are found to be 50% OR LESS at fault, then you would recover damages MINUS the percentage of your fault. However, if you were 51% at fault, you would receive NOTHING. Defense lawyer's will try to paint your degree of fault at 51% so that their client will pay you nothing. You should talk to an attorney to discuss the facts of your case.

Yes. As long as you were less than 50% at fault, you may recover. However your damages will be reduced by the percentage of your own negligence.

Yes, but if you are found to be 50 % at fault you lose.

Depending on which state you live in, being partly at fault does not automatically eliminate your cause of action. In many states, fault is compared between the parties. A person's fault will generally reduce the amount of compensation that the person is entitled to receive. If the fault is greater than a certain percentage or greater than the other person's fault, then you may not be able to recover. You should consult with a personal injury attorney in your area to further determine if you have a cause of action.

You should consult with a personal injury lawyer who should explain to you the legal issue of comparative fault and liability. The other party may be more at fault for the accident/injury than you are.

Yes, California recognizes comparative fault.

This depends on the percentage of your negligence as compared to that of the other party. If your negligence is 50% or more you will not be able to recover.

Yes. However, you cannot recover any damages if you are found to be at least 50% at fault.

If you are less than 50% at fault, you still have a case in Michigan.

Yes, in Florida we have comparative negligence and you can still recover your damages, but the total amount of your damages will be reduced by the percentage of fault that you contribute to the accident.

Yes. The other side must pay for his or her percent of fault, unless your fault exceeds 50%.

Sure, the value of your claim will be reduced by the percentage of your fault but would still be paid something.

It depends on your jurisdiction. In some states any negligence on your part will prevent you from recovering damages. In other jurisdictions a claimant only has to be less negligent that the other party to prevail on a claim. The damages may be apportioned in like manner to the negligence involved. Your negligence which contributed to the damages might be used to reduce your recovery of damages.

In Illinois the law allows you to recover for injuries that were primarily caused by the negligence of another. The amount you are determined to be at fault will reduce your recovery. For example, if you were 20% at fault and received an award of $1.00, the Court would reduce your recovery to 80 cents. However, if your fault was greater then 50%, you are barred from recovery. I think wikipedia's explanation is fairly accurate: http://en.wikipedia.org/wiki/Comparative_negligence. It is important that if you have complex legal issues, such as apportioning of fault, you speak with an attorney. People that try to handle these issues without competent help often will lose as they do not understand how to properly present them.

Yes you can file for personal injury of the accident was partly your fault. In Rhode Island we have true comparative negligence where the fault of all parties is 100%. If your case was worth $10,000 and you were found to be 35% at fault you would be entitled to receive $6,500.00.

Yes, so long as your portion of the fault is less than 50%.

In Alabama no. Every state has different laws. Talk to a local attorney.

There is something at law call apportionment where the negligence is apportioned between the perpetrators.

Yes. The operative word here being partly. In California, this is a comparative fault state. If you sued and won, the jury would be asked to assign the percentage of fault for you and for the other person. If you won $10,000 and they held you 20% at fault, $2,000 would be deducted from the award by the court.

Yes, if the other side is more than 50% at fault, then you can.

Yes, in CA we have comparative fault meaning as long as another party was negligent, even if you were as well, but your claim would be reduced by your own percentage fault.

Yes. I suggest you speak with an attorney about your case. There are many theories of comparative negligence that may apply in your case.

Maryland is a contributory negligence state. Therefore if your negligence in any way contributed to the accident you would not be able to recover against the other party.

Yes. You cannot be more than 50% at fault.

Not in Virginia. Contributory negligence (fault) is an absolute bar to recovery.

Yes. Georgia is a comparative negligence state meaning that the jury measures the amounts of negligence of the parties and reduces the award, if any, by the percentage of fault of the plaintiff. Be aware, however, that if the jury finds that the plaintiff was 50% negligent or more, the defendant wins.

Yes you can. Understand, however, that the value of your claim will be reduced by the percentage of your fault. So, for example, if your injury claim might otherwise be worth $20,000; but you are 30% at fault, you would only receive $14,000.

Yes. In New York, we have "comparative liability". So, if you have damages of $1,000 and you are 60% at fault, you get $600.

In Florida, this is a concept known as "comparative fault." If two parties are both at fault for an accident and one is injured, the injured party can still seek recovery even though he shares some blame for his own injury. Your percentage of fault as decided by a jury will offset your damages by the percentage of fault. So if a jury found that you were 1/3 and fault and the other party 2/3 at fault for your injury, you would recover 2/3 of your damages from the other party. Bear in mind that if the other person was also injured, he or she may turn around and sue you. You could have offsetting damages, meaning you both recover money from the other. In this same example, the other injured party would recover 1/3 of his damages from you. It is really quite common that a party is partly at fault for their own injuries, but not entirely so. The law deals with this in a fair way that you recover only the part of your damages which were not your own fault.

In general if you are more than 50 percent at fault you do not have a viable case. You should call a lawyer.

Yes, in Washington comparative fault, i.e. how much you are responsible for the accident only reduces the total damages awarded. The only times that you cannot recover is if you were intoxicated and 50% or more at fault or if the other party is immune from suit.

Yes. Washington State is a comparative fault state, meaning each party is assigned their respective percentage of fault, and then that percentage is applied to their total damages. For example, if you are in an auto collision, and you are 50% at fault, if the amount that would compensate you for your loss is $10,000, you would receive $5,000.

Yes, but in Oregon you can only recover if you are less at-fault than the person who caused your injury. Your verdict will be reduced by the percentage of fault the jury attributes to you.