How Comparative Negligence Affects Personal Injury Claims
Comparative negligence is a legal concept frequently used in personal injury claims to determine the degree of fault each party bears in an accident. This principle can significantly affect the outcome of a personal injury claim, influencing both the compensation amount and whether or not a victim can recover damages at all.
The doctrine of comparative negligence operates on the premise that multiple parties may share responsibility for an accident. For instance, if you’re involved in a car crash where both drivers were speeding, it might be decided that you both bear some degree of fault. The exact impact this shared liability has on your claim will depend on your jurisdiction’s specific laws.
There are two main types of comparative negligence: pure and modified. Under pure comparative negligence, victims can recover damages even if they’re 99% at fault for their injuries. However, their compensation will be reduced by their percentage of blame. So if you were awarded $100,000 but found 60% at fault, you would receive only $40,000.
Conversely, under modified comparative negligence rules (also known as “50% rule” or “51% rule”), victims cannot recover any damages if they’re found equally responsible (50%) or more responsible (51%) than the other party involved in causing the accident. If they’re less than 50% or 51% at fault (depending upon state law), then they can still recover damages proportionate to their level of blame.
Understanding how these rules apply is crucial when filing a personal injury claim because it directly affects your potential compensation payout. It’s essential to gather as much evidence as possible to prove another party was more at fault for your injuries than you were.
An experienced personal injury attorney can help navigate these complexities and ensure that all relevant factors are considered when determining liability percentages. They’ll also advocate on your behalf during negotiations with insurance companies who often aim to assign higher degrees of blame to victims in order to minimize payouts.
In conclusion, the principle of comparative negligence can significantly impact personal injury claims. It’s a complex area of law that requires careful navigation and robust evidence to secure fair compensation for victims. Whether you live in a pure or modified comparative negligence state, understanding these concepts and seeking professional legal advice is crucial when pursuing a personal injury claim.
Munley Law Personal Injury Attorneys
1275 Glenlivet Dr Suite 100-599, Allentown, PA 18106
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