What Is Split Liability in Personal Injury Cases?

In most personal injury cases, the plaintiff and defendant are at odds. Both parties believe they’re not to blame for what happened and their respective injuries were entirely the result of someone else’s negligence. It’s not uncommon for these two parties to disagree on how much responsibility each party should take for their own damages.

In some cases, a split liability agreement may offer an acceptable middle ground. The lawyers of Conway, Pauley & Johnson P.C. can help you determine if you would benefit from this kind of compromise.

When and Why Split Liability Agreements Are Used

A split liability agreement is a way for two parties to quickly resolve a personal injury claim without going through a lengthy court process. Litigation can take months or years to complete, and if you believe you’re partly at fault, you may risk not getting the compensation you need. 

It’s essentially an agreement between the plaintiff and defendant in which they each accept that they are in some way liable for damages resulting from an accident. With this agreement, each side agrees to a percentage of fault. 

Initially, a split liability agreement might simply be fifty-fifty, or each side pays half of the damages. Or, it can be split into various amounts. For example, if you agree that you’re 25 percent responsible, you can agree to a split liability agreement where you’ll collect 75 percent of your claim’s value.

But split liability agreements aren’t for everyone. In some cases, you may have a chance to get full compensation. Talk to your lawyer about your claim and your chances for compensation. 

How Split Liability is Determined

It’s common for split liability agreements to be offered after some investigation into the facts of the case has taken place. Investigators from both sides of the case will analyze photographs, witness testimonies, and the extent of injuries to determine how much liability each party should carry in the case. 

This process can take several days or even weeks because it’s not always easy to tell how to split the blame. Sometimes insurance companies will take care of that for you, but they won’t necessarily have your best interests in mind. They may try to avoid paying what you’re due for your injuries. 

If you’re not sure how to split liability, don’t worry. Our law firm can help by looking into the facts of your case to determine whether or not there was fault on both sides. We can also determine whether seeking out full compensation is possible, and we’re prepared to represent you in court to get results. 

Unsure if You Should Agree to Split Liability? Consult a Lawyer

If you think that you were partly or mostly responsible for your accident or if you don’t think a court case would end in your favor, it can be in your best interest to accept split liability and collect what you can from the responsible party. On the other hand, if you didn’t cause your own injuries, you may need to deny responsibility and wait for a jury to decide. 

To be safe, you should never accept split liability in personal injury cases without first consulting with an attorney. Start with a free consultation with the lawyers at Conway, Pauley & Johnson P.C. Call us at 402-462-5187 or fill out the form on our website before making this important decision.