If the person who is injured is partly at fault for the accident or, as it’s called in the law, negligent, they still may have the right to sue. The recovery is reduced by the percentage of fault that was found to be on their part by the jury at trial. If it’s likely that the plaintiff or injured person is partly at fault, this will affect any settlement as well. By no means should you avoid calling an attorney because you feel you might be partly at fault. Allow your attorney to prove that the other side was also at fault. This subjects the other side to the burden of proof that you were also partly at fault if they want to make a claim.
The Law Offices of Daniel A. Kalish has been a legal resource to White Plains, Westchester County, and the Bronx for over 25 years. If you are facing a personal injury, wrongful death, or need to bring a lawyer to court for legal malpractice, don’t hesitate to contact our White Plains law firm for a free consultation.