If you are pursuing a claim after suffering an injury in an accident, you can hold the negligent party responsible for your injuries. However, if the other party disputes this by claiming you were partly to blame, then both of you can be held liable for the accident. So how are you able to recover damages if you share some of the blame?
Split Liability Agreements
A split liability agreement is when a plaintiff and defendant in a personal injury case each accept a certain percentage of fault for damages stemming from an accident. Many split liability claims start as a 50/50 split, meaning both parties pay for half the damages.
On the other hand, there are many situations where liability is not so clear-cut. Unequal split liability agreements may be offered in cases where one party appears to have held a greater proportion of responsibility for an accident, but is not entirely at fault.
Keep in mind, the exact percentages of a split liability agreement depends on the evidence, including photographs, witness testimonies, and the extent of damages suffered.
How Our Sacramento Personal Injury Attorney Can Help
Split liability agreements are only desirable in cases in which the plaintiff has little hope of recovering the full amount of damages they seek. In other words, if you do not believe you can win your lawsuit since you were at least partially to blame for the accident, it may be in your best interest to accept a split liability agreement and recover whatever amount you can.
If these circumstances resonate with your case, it is wise to speak with an attorney to ensure you make the best decision possible. At Eliot Reiner APLC, our Sacramento personal injury lawyer is a former insurance defense attorney, equipped with the comprehensive knowledge of California law to ensure you obtain the most favorable outcome possible.