The short answer
States take fundamentally different approaches. Some reduce a recovery in proportion to a claimant's share of fault without barring it. Others bar recovery entirely once that share crosses a statutory threshold. A small number apply stricter rules still. Because the frameworks differ this much, the state that governs your claim is the first thing to establish.
Your reading roadmap
01
Why the insurer raises this early
Suggesting that a claimant contributed to their own injury is standard practice in claim handling, because in some states it reduces what is owed and in others it can eliminate the claim. That is why an early recorded statement about what you were doing, looking at, or thinking matters more than it appears to at the time.
02
The proportional approach
Some states reduce damages in proportion to the claimant's share of responsibility rather than barring recovery. New York's statute states the rule plainly: culpable conduct attributable to the claimant does not bar recovery, and the damages otherwise recoverable are diminished in the proportion which that conduct bears to the conduct that caused the damages. That is one state's formulation, quoted as an example of the structure rather than as a national rule.
03
The threshold approach
Other states allow a reduced recovery only while the claimant's share of responsibility stays below a statutory threshold, and bar it entirely above that line. Texas, for example, addresses this through a proportionate responsibility statute that sets such a threshold. The exact figure and how it is applied are matters of that state's statute and should be read directly rather than assumed, because neighbouring states set the line differently.
04
The stricter approach
A small number of jurisdictions follow a considerably stricter rule under which a claimant's own contribution to an injury can defeat a claim outright, with limited exceptions developed by their courts. If you are in one of those places, the practical consequences are severe and quite different from the two approaches above — which is a reason to establish early which framework applies rather than reasoning from what you have read generally.
- Which state's law governs the claim?
- Which framework does that state use?
- If there is a threshold, where is it set and how is it applied?
- Who decides the percentages, and at what stage?
- How does the framework treat multiple responsible parties?
- Does anything different apply to this type of claim?
05
Who actually assigns the percentages
In a case that is tried, the fact-finder determines the shares of responsibility after hearing the evidence. Long before that, an insurance adjuster will assign their own working figure as part of valuing the claim, and that internal figure drives negotiation. The two are not the same thing, and an adjuster's percentage is a negotiating position rather than a determination.
06
What tends to move the number
Concrete evidence moves it; argument rarely does. Scene photographs, vehicle positions, video, maintenance records, sightlines, and independent witnesses all bear on what each party could reasonably have done. So does the claimant's own account, which is why an early statement given without advice can fix a percentage in place before the evidence is gathered.
07
What this means for a decision to settle
Shared fault is one of the main reasons an offer sits below what the losses appear to total. Understanding whether the discount reflects the state's framework, the strength of the evidence, or simply an opening position is what turns a frustrating number into a decision you can evaluate. Ask which of the three you are looking at.
FAQ
Frequently asked questions
I know I was partly at fault. Should I bother talking to a lawyer?
Yes, because in many states partial fault reduces a claim rather than ending it, and because a claimant's own estimate of their responsibility is frequently wrong in both directions. What matters is the framework in your state and what the evidence actually shows about each party's conduct — neither of which you can assess from the inside.
Does admitting fault at the scene end my claim?
Not automatically. Statements made in the moment are evidence, and they can be explained, contradicted by physical evidence, or given limited weight — but they do carry real influence. That is one reason apologising in a way that describes fault is worth avoiding, and one reason to get advice before giving a recorded account.
Who decides what percentage I was at fault?
In a tried case, the fact-finder assigns the shares under the state's framework. Before that point, the working percentage comes from an insurance adjuster and reflects that company's view of the claim. Treat the adjuster's figure as a position to be tested against evidence rather than as a finding.
Official forms and preparation tools
Get organized before you file or ask for help.
Use the preparation aids to collect information. Always obtain legal forms from the court or agency that controls them.
timelineInjury incident timeline
Fixes the sequence of events while memory is fresh, in the form a lawyer or adjuster can actually use.
Open checklist
How to use it
- Write it within days if you can; memory reshapes quickly
- Keep it factual and avoid characterising fault
- Mark where a record exists and where you are relying on memory
- Date the document itself, and do not rewrite it later
Before the incident
- What you were doing and where you were going
- Conditions — light, weather, surface, noise
- Anything you noticed that seemed unsafe
- Any prior injury to the same part of your body
The incident itself
- Date and time, as precisely as you can
- Exact location, including which entrance, aisle, or lane
- What happened, in sequence
- What was said at the scene, and by whom
- Who was present, with contact details
Immediately afterwards
- Who was notified, and when
- Report or claim numbers issued
- Whether photographs were taken, and by whom
- What was moved, cleaned, or repaired, and when
- First symptoms, and when they appeared
The days that followed
- First medical visit and what was said
- Work missed, and when it began
- Contact from any insurer, with names and dates
- Anything you signed or agreed to
This is preparation, not a statement to any insurer or court
It does not establish fault or the value of any claim
Completing it does not preserve any filing deadline
It is not legal advice and creates no attorney-client relationship
logInjury evidence log
Records what evidence exists, where it is, and what is at risk of disappearing before anyone requests it.
Open checklist
How to use it
- List what exists before worrying about what it proves
- Flag anything on a short retention cycle, especially video
- Note who controls each item, not only what it is
- Do not alter, clean, repair, or discard anything relevant
Physical evidence
- Anything involved in the incident, kept unaltered
- Damaged clothing, footwear, glasses, or equipment
- Vehicle or property damage, and where it is now
- Where each item is stored, and who has access
Images and recordings
Video retention cycles are frequently measured in days. Identify who controls footage first.
- Your own photographs and video, with original timestamps
- Photographs taken by anyone else, and who has them
- Nearby cameras — business, doorbell, transit, traffic
- Who controls each camera, and whether they have been asked
People
- Witnesses, with phone numbers and how to reach them
- Anyone who arrived afterwards and saw the conditions
- Staff or officials who responded
- Anyone who saw your condition in the days that followed
Documents
- Incident, police, or store reports and their numbers
- Correspondence from any insurer, with claim numbers
- Anything you have signed, with a copy retained
- Repair estimates, invoices, or property valuations
Listing evidence does not preserve it; some items require a formal request
It does not determine what is admissible or what matters legally
It does not preserve any filing deadline
It is not legal advice
logMedical treatment and expense log
Tracks treatment, costs, and missed work as they happen, so losses are documented rather than reconstructed.
Open checklist
How to use it
- Update it weekly; reconstruction months later is incomplete
- Record what was billed, what insurance allowed, and what you paid
- Note the reason for any gap in treatment at the time it happens
- Keep receipts even after a reimbursement
Providers and visits
- Provider name, specialty, and contact details
- Date of each visit and what it was for
- Diagnosis or findings as explained to you
- Referrals, imaging, and therapy ordered
- Whether records have been requested, and when
Costs
- Provider bills, with dates and amounts billed
- Explanation-of-benefits statements showing allowed and paid amounts
- What you paid out of pocket, with receipts
- Prescriptions, equipment, and supplies
- Travel, parking, and childcare for appointments
Work and income
- Dates missed, and whether paid or unpaid
- Sick leave or vacation used
- Employer confirmation obtained, and from whom
- Duties you could not perform on return
Daily effect
Specifics carry weight; adjectives do not. Record the shift you could not work, not how bad it felt.
- A line or two per day: what hurt, what you could not do
- Specific activities missed, with dates
- Help you needed that you would not normally need
- Any reason you missed or stopped treatment
This is a private record, not a medical record or a claim submission
It does not establish that any expense is recoverable
It is not medical or legal advice
Records govern where this log and the records disagree
logInsurer communication log
Creates a dated record of every insurer contact, request, and offer, so nothing rests on recollection.
Open checklist
How to use it
- Add an entry during or immediately after every contact
- Follow significant calls with a short written summary by email
- Record what was requested and under what authority
- Keep copies of everything sent to you and everything you sign
The basics for every contact
- Date, time, and how contact was made
- Name, company, and whether it is your insurer or another party's
- Claim number referenced
- Who initiated the contact
What was asked
- Information or documents requested
- Whether a recorded statement was requested
- Whether an authorization was requested, and its scope
- What you were told was required, and on what basis
What was said and agreed
- What you provided or declined to provide
- Any offer made, and whether it was confirmed in writing
- Any deadline you were given
- What was promised, and by when
Documents exchanged
- Letters and emails received, with dates
- Anything you signed, with a copy retained
- Records or bills you sent, and when
- Anything you asked for in writing and did not receive
This is a private record and is not submitted to anyone
Keeping it does not satisfy any policy obligation you may owe your insurer
It does not preserve any filing deadline
It is not legal advice about what you must provide
worksheetInjury consultation worksheet
Turns a first meeting into an assessment by fixing the facts, the documents, and the questions in advance.
Open checklist
How to use it
- Complete the facts and documents sections before the meeting
- Bring your declarations page; coverage questions come up immediately
- Disclose the awkward facts rather than waiting to be asked
- Write the answers down, including who gave them
What happened
- Date, location, and a short factual sequence
- Who else was involved, and any report numbers
- Whether fault has been disputed or assigned to you
- Whether a government entity or business was involved
Injuries and treatment
- Injuries diagnosed, and by whom
- Whether treatment is ongoing or finished
- Any prior injury to the same body part
- Any gap in treatment, and the reason for it
Insurance and money
- Your own declarations page and coverages
- Any other policy that might apply
- Health insurance or program that has paid for treatment
- Losses documented so far, and what is still missing
What you have already done
These change the advice, and every one of them is better raised now than discovered later.
- Statements given, to whom, and whether recorded
- Authorizations or documents signed
- Offers received
- Any other firm you have spoken with or signed with
Questions to ask
- What deadline applies to a claim like mine, and where does it come from?
- Who handles my file, and would it be referred elsewhere?
- How often does this firm try cases?
- Are costs deducted before or after the fee is calculated?
- Do I owe advanced costs if there is no recovery?
- Who resolves liens and reimbursement claims, and is that inside the fee?
- What is the weakest part of my claim?
This does not evaluate your claim or establish its value
It is not submitted to anyone and collects no information about you
Completing it creates no attorney-client relationship
It does not preserve any filing deadline
Federal · U.S. General Services AdministrationSF-95 — Claim for Damage, Injury, or Death
Presents an administrative claim to a federal agency for property damage, personal injury, or death alleged to have been caused by a federal employee acting within the scope of employment.
Form guide
SF-95 — Claim for Damage, Injury, or Death
Presents an administrative claim to a federal agency for property damage, personal injury, or death alleged to have been caused by a federal employee acting within the scope of employment.
Someone whose claim is against the United States. It does not apply to claims against a state, county, city, school district, or other non-federal public body, each of which has its own separate scheme.
Before any lawsuit. Federal law requires a claim to be presented to the appropriate federal agency and denied in writing before an action may be instituted.
- The correct federal agency whose employee is alleged to be responsible
- Date, time, and place of the incident
- A description of what happened and the basis of the claim
- The nature and extent of injury or damage
- A sum certain — a specific dollar amount claimed
- Witness names and contact details, where there are any
What the sections ask for
Section explanations describe what a form is asking for in ordinary language. They are not instructions about what any individual should write, and they do not replace the official instructions published with the form.
Identifies which federal agency is being asked to consider the claim. Presenting to the wrong agency is a common and consequential error.
A description of the incident and why the claimant says a federal employee is responsible.
Asks for a specific figure. The requirement that a claim state a sum certain is why this box matters more than it appears to.
Signed by the claimant or an authorized representative, certifying the claim.
Common mistakes
- Presenting the claim to the wrong federal agency
- Using this form for a claim against a state, county, or city body
- Omitting the sum certain
- Filing suit before the agency has denied the claim in writing
- Assuming the standard form is the only acceptable format when the regulations permit other written notification
Last source check: 2026-08-20 · awaiting attorney review
Continue preparing
Know what to gather before you act.
Lawyer in Town publishes general legal information for consumers. It is not legal advice, it does not create an attorney-client relationship, and it cannot account for the facts of any individual situation. Laws, court procedures, filing deadlines, and outcomes differ by state and by court, and they change over time. Confirm anything that affects a decision with a lawyer licensed in the relevant jurisdiction.
Shared-fault frameworks are state law and differ fundamentally between states. New York and Texas statutes are cited only as identified examples of two different structures. No threshold percentage is stated in body copy, and no state is characterised as following the stricter approach without confirmation.