BLOG

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 December 5, 2025
And How We Fight Back
By Robert Stahle December 2, 2025
Getting hurt in an accident is overwhelming—physically, emotionally, and financially. Whether it was a car crash, a slip-and-fall, a dog bite, or a workplace incident, one thing is certain: what you do next can significantly affect your ability to recover compensation . At Fitch & Stahle Law Firm , we help injured people throughout South Sioux City , Sioux City , and the broader Nebraska-Iowa region understand their rights and take the right steps from day one. If you’ve been injured and suspect someone else is at fault, here’s how to protect yourself legally and financially. Step 1: Seek Medical Attention Right Away Even if your injuries seem minor, always get checked out by a medical professional as soon as possible after an accident. Why it matters: Some injuries (like whiplash or internal trauma) aren’t immediately obvious. Medical documentation is critical evidence in your personal injury case. Insurance companies will look at how soon you sought care to judge the severity of your injuries. Be sure to follow all treatment instructions and attend follow-up appointments. Gaps in care can be used against you later. Step 2: Report the Incident Whether it’s a car accident, workplace injury, or slip and fall, it’s important to officially report the incident: Car crash – Call the police and file a report. Workplace injury – Notify your employer in writing. Slip and fall or dog bite – Report it to the property owner or business manager. These reports create a verifiable timeline and paper trail that supports your claim. Step 3: Document Everything If you're able, gather as much evidence at the scene as possible, including: Photos of injuries, property damage, or the accident location Contact information for witnesses Notes on what happened, including time, date, and weather conditions Copies of any reports filed If you were too injured to document the scene, don’t worry—our legal team at Fitch & Stahle Law Firm can investigate on your behalf and gather evidence while it’s still fresh. Step 4: Don’t Speak to the Insurance Company Without Legal Advice Insurance adjusters might sound friendly—but their goal is to minimize payouts , not protect your interests. They may ask for a recorded statement or offer a quick settlement. Don’t take the bait. Before you sign anything or give a statement, speak with a qualified personal injury attorney . At Fitch & Stahle , we handle all communications with insurance companies so you don’t have to—and we won’t let them take advantage of your situation. Step 5: Know the Statute of Limitations in Your State Every state has a legal deadline for filing a personal injury lawsuit, known as the statute of limitations : Nebraska: 4 years from the date of the injury Iowa: 2 years from the date of the injury Some exceptions apply for cases involving minors or certain types of claims, but the bottom line is this: The sooner you act, the stronger your case. Step 6: Don’t Post About Your Case on Social Media What you post online can and will be used against you by insurance companies and defense attorneys. A seemingly harmless photo or post could be twisted to suggest you’re not as injured as you claim. Until your case is resolved, avoid posting about: Your accident Your injuries Your physical activities or travel Conversations with doctors or attorneys Step 7: Call a Personal Injury Attorney You Can Trust The most important thing you can do after an accident? Get legal help as soon as possible. A skilled attorney will: Investigate your case Prove fault and liability Calculate full damages (medical bills, lost wages, pain and suffering, etc.) Negotiate with the insurance company Represent you in court if necessary At Fitch & Stahle Law Firm , we treat your case with the care and urgency it deserves. We offer free consultations , and you pay nothing unless we win. Why Work with Fitch & Stahle Law Firm? ✅ Decades of experience helping injured people in Nebraska and Iowa ✅ Licensed in both NE and IA —we know the laws in both states ✅ Aggressive negotiators and trial-ready attorneys ✅ Personalized, compassionate service —you’re more than just a case file ✅ No legal fees unless we win We proudly serve clients throughout South Sioux City , Sioux City , and the surrounding Siouxland region. Whether you were injured on the road, on the job, or on someone else’s property—we’re here to help. Schedule Your Free Consultation Today If you’ve been injured, don’t wait to get the help you need. Let Fitch & Stahle Law Firm fight for your rights and secure the compensation you deserve. 📞 Call us now at 402-494-3012 🌐 Visit us online at fitch-stahlelaw.com 📍 Located in South Sioux City, Nebraska You only get one chance to recover the compensation you need— make it count with the right legal team on your side.