Determining who is liable for an accident is one of the most important factors a Springfield personal injury lawyer takes into consideration while analyzing the value of a case. Sometimes, it is fairly easy to figure out who is at-fault based on the facts. Allocating liability tends to be a more complicated process when the conduct of both the defendant and plaintiff contributed to the accident. If the plaintiff is partially responsible for the accident, the compensation he is eligible to receive will be reduced based on the extent of his liability.
The total amount of compensation a plaintiff may obtain depends on the strength of the case. The Springfield personal injury lawyer carefully analyzes the evidence, property damage, the severity of the injuries, medical records, and witnesses’ testimonies. If the defendant has a difficult time disputing that his negligent conduct caused the accident and subsequent damages, the value of the personal injury case increases.
When the plaintiff’s conduct partially contributed to the accident, the legal concept of comparative negligence is applicable. The actions of the plaintiff and defendant are compared to decide the relative amount of negligence that should be applied to each party. If the plaintiff was negligent to any extent, it will decrease the amount of the settlement or court award.
In some jurisdictions, a plaintiff may have to share some of the liability as a result of merely being present when the accident occurred. There are defendants that will argue the plaintiff was partially at-fault even if the plaintiff had the right of way or was rear-ended while stopped at a red light. The defendant’s insurance company knows it’s in their best interests to present any legal arguments that could reduce their liability and the amount of damages awarded.
If the plaintiff’s negligence is minimal, he may still receive adequate compensation. When the plaintiff shares a greater portion of the liability, it increases the odds of him losing the case and not receiving any damages. A skilled personal injury attorney helps a plaintiff decide the best way to proceed by discussing the different strategies that could be utilized and the possible outcomes.
If you or a loved one has sustained a personal injury due to negligence, contact McCarthy Rowden & Baker. A Springfield personal injury attorney will evaluate your potential claim and let you know if you are entitled to receive compensation. Call us today at 800-373-6050 to schedule a confidential consultation.
© 2026 McCarthy, Rowden, Baker & Cannon | Legal Disclaimer | Privacy Policy