Understanding Fault in Personal Injury Cases: Maximize Your Damages

The way to understand fault in a personal injury claim is you have to think about 100% of fault. Whatever percentage gets put on you is taken out of your total damages. So, for example, if your total damages are $100,000 and you’re 10% at fault, you only get $90,000. The other $10,000 worth of damages—or 10% of the total—is on you to cover. So, going back to your insurance claim, that’s how the insurance adjusters think about fault. And when they say their insured is not at fault, they’re saying they think a jury would put 0% on their insured, which means they would have to pay you $0 worth of damages. If, on the other hand, the insurance company offers you a small amount of money and says that they think there’s shared fault or that both parties were at fault, what they’re saying is they think a jury might put some small percentage on their insured. If you don’t agree with that decision, you should consult with an attorney right away.