February 10, 2017

My Injury Case In A Modified Comparative Fault State

If you have been injured and have begun exploring a possible lawsuit, you may have heard people refer to Oregon as a modified comparative fault state, but you may not know what that means. In a nutshell, this means that in any injury case, the fault of the claimant is compared with the fault of any party against whom recovery is sought. In a modified comparative fault state, each party involved will be assigned a percentage of fault, but all percentages added together must equal 100 percent.

One benefit of this setup is that even if you had partial fault in the accident or incident that injured you, you may still be able to recover damages, as long as your fault does not exceed 51 percent. In Oregon, this system makes it easier for victims to secure monetary compensation when injured. In many states, they follow a system that may deny a victim any compensation if they are found even one percent liable for the injury.

Since such a suit does assign a percentage of fault to each party, the downside is that a victim may be responsible in a counter suit related to the injury. So for example, if someone is found 55 percent responsible for their injuries sustained in a traffic accident, they may open themselves up to a counter suit for the portion they are responsible.

It is crucial to speak with an experienced and focused Portland injury attorney who can advise you on the best course of action and guide you in the best direction for you. If you have been seriously injured in any accident, it is important to speak with a Portland injury attorney who can fight to get you compensation you deserve. Call today for your free, initial consultation.

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Hillsboro, OR 97124


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