What to do if an injury is partially your fault

If you’re a long-time reader of our personal injury articles, you’ll know that we always recommend speaking to an experienced personal injury lawyer if you’ve been injured in an accident or incident that was caused by someone else’s negligence. We give this advice for a number of reasons. Not only does speaking to a knowledgeable lawyer help you understand your rights and the legal options you have available to you, but it also helps you to file your claim before your limitation period expires.

Ontario Limitations Act

What do I mean when I say your limitation period could expire? According to the Ontario Limitations Act, there are strict limits on the amount of time you have to file a personal injury lawsuit. After this limitation period has run out, you’ll no longer be able to file a claim to recover the compensation you may be entitled to for your injuries. For most personal injury cases in Ontario, you have two years after the accident or incident to file your claim.

Knowing the details of the Ontario Limitations Act is important and getting started right away on filing your claim can help strengthen your case. But one area where people may hesitate to do so is in accidents where the injured victim may have also been partially at fault.

Negligence and partial fault

When it comes to proving fault in a personal injury case, it all comes down to proving negligence. Negligence occurs when a person or party fails to exercise a reasonable duty of care, and thereby creates a risk of harm to others. For example, if you get in a motor vehicle collision, the standard of care required of you when operating a motor vehicle is that you obey all laws and rules of the road. Say when you got into the collision, you were speeding or driving with distractions. Because you failed to adhere to the traffic laws, it could be argued that you were negligent and therefore at fault for the collision and any injuries obtained by your passengers or the driver and passengers of the other vehicle involved.

However, sometimes incidents aren’t as simple as the example outlined above. Say the other driver was also disobeying the rules of the road and this contributed to the collision that unfolded. In this case, a lawyer could argue that the plaintiff – the person who has sustained the injuries – was responsible for contributory negligence. When contributory negligence is proven, it can limit the amount of compensation the plaintiff can recover for their damages and injuries.

What to do if you’re partially at fault

If you suspect you may be partially at fault for an accident that led to your injuries, the last thing you want to do is ignore the situation. If you do, you could run out the course of your limitation period and miss out on the compensation you may deserve. While contributory negligence can play a role in how much compensation you recover for your injuries, it may still be beneficial to file a claim especially when injuries can have such strong impacts on your physical, emotional and social well-being. If you’ve been injured in an accident where you believe you may have been partially at fault, talk to an experienced personal injury lawyer as soon as possible to go over the details of your situation in order to determine the appropriate next steps.