If you are eligible to file a third-party claim, your accident attorney may need to navigate the defense of comparative fault. The comparative fault defense states the plaintiff contributed to the car accident through some act of negligence or recklessness, and thus deserves lesser compensation or no recovery at all. In Michigan, a plaintiff’s comparative fault will not automatically bar him or her from receiving financial compensation. Instead, the courts will reduce the plaintiff’s recovery by the percentage of fault.
Michigan uses a modified comparative fault law. Plaintiffs can still receive partial compensation as long as they were less than 50% at fault for the car accident. A plaintiff who was 25% responsible for causing the crash, for example, would receive $75,000 of a $100,000 award ($100,000 minus $25,000, or 25% of $100,000). If the court finds the plaintiff 50% or more at fault, however, the plaintiff will not receive any compensation at all. The team at Buchanan Firm will help negate a comparative fault defense to maximize any compensation for harms and losses.