If you suffered injuries in an accident in Minnesota that was primarily someone else’s fault—and partly your fault—your ability to recover compensation may fall under a legal concept known as comparative fault, which occurs when more than one party shares responsibility for an injury accident.
Learn more about comparative fault personal injury law in Minnesota—how it works, what it means for your ability to recover damages, and how to handle a shared fault injury case with the help of our experienced Minneapolis personal injury lawyers.
What Is Comparative Fault in Personal Injury Claims?
Comparative fault, also called comparative negligence, is a legal principle used to determine financial responsibility when more than one party is at fault in an accident. Instead of assigning all the blame to one party, the court or insurance company assigns a percentage of fault to each involved party.
Comparative Fault in Minnesota: The Modified Comparative Negligence Rule
Minnesota follows the modified comparative fault system in Minnesota Statutes Section 604.01. This rule allows an injured party to recover damages only if they are not primarily at fault for the accident.
The percentage of fault is a key factor that affects an injury claim. For example, in a car accident, the evidence might show that both drivers contributed to the accident. Comparative fault laws help determine each party’s share of liability (expressed as a percentage of fault).
- If you are 0% at fault, you can recover 100% of your damages.
- If you are 25% at fault, you can still recover damages, but your award will be reduced by 25%.
- If you are 50% at fault, you can still recover 50% of your damages.
- If you are 51% or more at fault, you cannot receive any compensation.
Here are some ways a shared fault injury case can affect your ability to seek a financial award.
1. It Reduces Your Compensation
The most immediate impact of comparative fault is that it directly affects how much money you can recover. For instance, if a jury awards you $100,000 in a slip-and-fall case but finds you 30% responsible for not paying attention to where you were walking, you only receive $70,000 in compensation.
2. It Can Be Used as a Defense
In many shared fault claims, the defense will try to shift as much blame onto the plaintiff (or injured party) as possible. Insurance companies understand the potential benefits they can receive under the comparative fault rule. Consequently, they often argue that the injured party was at least partially responsible while trying to reduce or eliminate payouts.
3. It Impacts Settlement Negotiations
Even before a case goes to trial, comparative fault can heavily influence settlement negotiations. Knowing a dispute over liability is occurring, insurance companies may offer a lower settlement, anticipating that your award would be reduced if the case went to court.
Common Examples of Shared Fault Injury Cases
Understanding how comparative fault plays out in real life can help you better navigate your own claim. Here are some common scenarios for shared fault injury cases in Minnesota.
Car Accidents
Determining fault in a Minnesota car accident could result in a shared fault injury case. Let’s say two drivers collide at an intersection. Driver A was speeding and driver B failed to yield, meaning both drivers share some blame. A court might find driver A 60% at fault and driver B 40% at fault, meaning driver B could recover 60% of the damage award. Driver A would receive no financial award.
Slip-and-Fall Accidents
Say a customer slips on a wet floor in a grocery store. The store failed to put up a warning sign, but the customer missed the wet floor while staring at a phone screen. The court may assign 70% fault to the store and 30% to the customer, leaving the customer’s award reduced by 30%.
Pedestrian Accidents
Say a pedestrian is hit while jaywalking. The driver may have been speeding or distracted. The court could assign partial fault to both parties. The pedestrian might still recover damages if found to be less than 51% at fault.
Proving Fault in a Comparative Fault Personal Injury Claim
Because the amount of compensation you receive can see a significant reduction based on your percentage of fault, you want to produce evidence that shows you had as little fault as possible. Finding this evidence requires a thorough investigation from your injury attorneys. Here’s what matters.
- Accident Reports: Police reports or incident documentation reports often detail what happened and may include observations about fault.
- Witness Statements: Independent witnesses can help establish how the accident occurred.
- Surveillance or Dash Cam Footage: Video can be a powerful tool in generating evidence about fault.
- Expert Testimony: Accident reconstruction experts or medical professionals can offer insights into liability and causation.
- Photographs: Visual documentation of the accident scene, injuries, and property damage can help establish what happened.
Our experienced injury attorneys can help gather, analyze, and present this evidence effectively.
Why You Need Our Lawyers for Shared Fault Injury Cases
If your case involves shared responsibility, having legal representation is especially important to protect you from an unfair insurer. Our injury attorneys can:
- Protect you from being unfairly blamed for the accident
- Negotiate with insurance companies using evidence and legal arguments
- Present your case in court, if necessary
- Maximize your compensation even if you're found partially at fault
Our team has experience in handling complex shared fault cases and knows how to fight for fair outcomes under the state’s comparative fault rules.
Have Questions About Comparative Fault and Personal Injury Claims? Contact Tyroler Leonard Injury Law Today
If you're dealing with a shared fault injury case, don't leave your future in the hands of an insurance adjuster. Our team of experienced St. Paul personal injury attorneys is here to help you understand your rights, gather the evidence you need, and fight for the compensation you deserve.
We’ll help you assess your case, determine your share of fault (if any), and build a strong claim for the maximum compensation available under the law. Contact Tyroler Leonard Injury Law today at (651) 259-1113 for a free consultation.