Understanding Comparative Fault and How It May Impact Your Personal Injury Case in Rhode Island

April 20, 2025

Understanding Comparative Fault and How It May Impact Your Personal Injury Case in Rhode Island

When you're injured in an accident, determining who was at fault is a critical part of any personal injury claim. In Rhode Island, the concept of comparative fault plays a major role in how compensation is awarded. If you were partially responsible for your injuries, you may still recover damages—but your compensation could be reduced based on your share of the blame.



At Tomassi Law, LLC, we help injured individuals in Rhode Island navigate these complex legal issues and pursue the compensation they deserve.


What Is Comparative Fault?


Comparative fault, also known as comparative negligence, is a legal doctrine used to apportion blame among all parties involved in an accident. Under this system, a court or insurance company evaluates each party’s level of fault and adjusts compensation accordingly.

Rhode Island follows the pure comparative fault rule. This means that even if you are 99% at fault, you may still recover 1% of the damages. Your total recovery is simply reduced by your percentage of fault.


An Example of Comparative Fault in Action


Imagine you were in a car accident where the other driver ran a red light, but you were speeding at the time. If your total damages amount to $100,000 and the court finds you 30% at fault for speeding, you would still be eligible to recover $70,000.

This system ensures a fairer distribution of damages but also makes injury claims more complex—especially when multiple parties are involved.


How Comparative Fault Can Affect Your Case


The more fault assigned to you, the less compensation you can receive. Insurance companies often use comparative fault to minimize payouts. They may argue that your actions contributed more to the accident than they actually did.

This is why it’s important to have a lawyer who understands how to counter those claims with strong evidence and effective legal strategy. At Tomassi Law, LLC, we analyze your case thoroughly, collect supporting documentation, and work to hold the at-fault parties accountable.


Don’t Let Partial Fault Stop You from Seeking Compensation


Even if you believe you were partially responsible for an accident, you shouldn’t assume you don’t have a case. Rhode Island law gives injured parties the opportunity to recover damages in proportion to their level of fault. A consultation with a knowledgeable attorney can help you understand where you stand and what options you have.

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