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Can I Be Compensated if I Am Partially at Fault?

Robert Stahle • August 30, 2017
Partially Responsible - Personal Injury Attorney - Sioux City, IA

Personal injury claims are often very complicated and can result in a lengthy legal process, no matter which side of the claim you are on. In most of these cases, you may still be able to recover some form of compensation, even if you or a loved one is partially at fault. However, in this type of case, there are many different factors that may affect the final outcome of your claim. As with any personal injury claim, it is in your best interest to speak with a personal injury attorney at the Fitch & Stahle law firm for guidance throughout the process.

What Happens if I Am Partially At Fault in a Personal Injury Claim?

Personal injury claims can cover a wide range of situations. With these types of claims, the law states that individuals can be held responsible if their own reckless behavior or negligence caused another person to become injured or they damage another person’s property. While that may sound very simple, most accidents are the result of a variety of different factors and in some cases, the injured party may share some amount of responsibility for how things unfolded.

In personal injury situations where you are found to be partially at fault, you may still receive some form of monetary compensation but the amount that you will receive can vary greatly based on several factors.


How is Partial Responsibility for an Accident Decided?

In accidents where both parties share some amount of responsibility, a judge or jury must take into consideration the comparative negligence theory. This means that they will work to determine the percent of fault that each party had in the accident or incident. Once this percentage has been decided, the total amount of compensation that the plaintiff is eligible to receive will be reduced by the percentage of fault.

For example, if you were involved in an auto accident with another driver who was driving under the influence but you were also speeding at the time of the collision, the judge or jury will have to decide what percentage of fault you are responsible for. If they decide that you are 40 percent responsible, you are still eligible to receive 60 percent of the damages owed to you. Additionally, if the other driver suffered losses as well, you and your insurance company will be responsible for 40 percent of their damages.

Put Your Trust in an Experienced Personal Injury Attorney

When you work with one of the experienced personal injury attorneys at our law firm in Nebraska, you can count on expert guidance to help you navigate the legal process. In difficult personal injury claims where you may be partially at fault for the accident, it is always a good idea to work closely with a knowledgeable attorney to make sure you have the best chance of getting the settlement that you deserve. For more information on the services offered at Fitch & Stahle Law Offices or to schedule your free initial consultation , be sure to visit our law firm online today.

By Robert Stahle October 15, 2025
After an accident, your focus is naturally on healing. But while you're dealing with doctor visits, missed work, and emotional stress, time is ticking—and your legal rights may already be at risk. At Fitch & Stahle Law Firm , we’ve seen firsthand how delays in hiring a personal injury attorney can result in lost evidence, missed deadlines, and reduced compensation. If you’ve been injured in a car crash, slip and fall, workplace incident, or any other accident in Nebraska or Iowa , the sooner you contact a lawyer, the better. Here’s why reaching out early can make all the difference in your case—and how our team at Fitch & Stahle will protect your rights from day one. 1. Evidence Disappears Quickly Accidents leave behind a trail of evidence—but that trail fades fast. Skid marks get washed away. Surveillance footage gets deleted. Witnesses forget details. Vehicles are repaired or totaled. When you hire a personal injury lawyer early, we can immediately: Secure accident scene evidence Obtain video footage Interview eyewitnesses Preserve medical records and accident reports Coordinate with investigators and experts Waiting too long may mean critical proof disappears before your case even begins. 2. Insurance Companies Start Building a Case Against You Right Away Insurance companies don’t wait. Within hours of an accident, they launch their own investigation— not to help you , but to limit their financial liability. They may: Contact you for a recorded statement Ask you to sign a medical release Offer a quick, lowball settlement Delay your claim to pressure you financially Without a lawyer on your side, these tactics can seriously hurt your ability to recover full compensation. Fitch & Stahle Law Firm handles all communications with the insurance companies, ensuring you don’t say or sign anything that could be used against you later. 3. Deadlines (Statutes of Limitations) Vary and Can Be Short Each state has strict deadlines for filing personal injury claims. These are known as statutes of limitations : Nebraska : Generally 4 years from the date of the accident Iowa : Generally 2 years from the date of the accident But these timelines can vary depending on the type of case (e.g., wrongful death, government liability, medical malpractice), and exceptions are rare. If you miss the deadline, you may lose your right to file a lawsuit entirely . An early consultation with our team ensures we file your claim well within the legal window—and begin preparing your case before it’s too late. 4. Your Medical Care Becomes Part of the Case One of the biggest factors in any personal injury case is your medical treatment . From emergency care to long-term rehab, it’s critical that your injuries are well documented by licensed professionals. When you hire a lawyer early, we can: Help you find appropriate local care providers Make sure your treatment is properly documented Track your medical records, diagnoses, and progress Prevent gaps in care that could hurt your claim We work closely with trusted providers in South Sioux City , Sioux City , and throughout Siouxland to ensure your health and case are both supported from the start. 5. You May Be Entitled to More Compensation Than You Realize When injury victims delay hiring a lawyer, they often settle for far less than they deserve. Why? Because they don’t know what they’re truly entitled to. Our experienced personal injury attorneys evaluate all types of damages , including: Medical bills (past and future) Lost wages and loss of earning capacity Pain and suffering Emotional distress Property damage Permanent disability or disfigurement Loss of enjoyment of life We make sure nothing is left on the table—and that your claim reflects the full impact of your injury , not just the initial costs. 6. You Have Nothing to Lose One of the most common reasons people delay hiring an attorney is cost. But at Fitch & Stahle Law Firm , we work on a contingency fee basis . That means: You pay nothing upfront We only get paid if we win your case Consultations are always free There’s absolutely no risk in calling us—and the benefits of having a skilled legal advocate on your side from day one are huge. Why Trust Fitch & Stahle Law Firm? ✅ Local & Experienced : We’ve helped injury victims throughout South Sioux City , Sioux City , and across Nebraska and Iowa get the justice they deserve. ✅ Licensed in NE & IA : Whether your accident occurred on I-29, Highway 20, or a local road, we’ve got you covered across both states. ✅ Focused on You : We treat every client with care, attention, and transparency. You’re not just a case number—you’re a neighbor. ✅ Trial-Ready Advocacy : While many claims settle out of court, we’re fully prepared to litigate aggressively if needed. Take the First Step Toward Justice Today If you’ve been injured, don’t wait for things to “get worse” before getting legal help. The earlier you hire a lawyer, the stronger your case will be. Let Fitch & Stahle Law Firm protect your health, your rights, and your financial future—starting today. 📍 Visit us at our South Sioux City office 📞 Call now for a free consultation: 402-494-3012 🌐 Learn more at fitch-stahlelaw.com
By Robert Stahle October 14, 2025
Even If You Feel Fine