Personal injury cases can be complex, and one of the most complicated aspects of these cases is determining who is at fault. In some cases, multiple parties may share fault for an accident or injury, which can make it challenging to determine the appropriate compensation for the victim. Comparative negligence is a legal concept that helps address this issue. In this post, we will discuss what comparative negligence is and how it can affect your personal injury claim.
What is Comparative Negligence?
Comparative negligence is a legal concept used in personal injury cases to determine the percentage of fault each party has for an accident or injury. Under comparative negligence, the damages awarded to the victim are reduced based on their percentage of fault for the accident. For example, if a victim is found to be 20% at fault for an accident, their compensation would be reduced by 20%.
Types of Comparative Negligence
There are two types of comparative negligence: pure comparative negligence and modified comparative negligence. In pure comparative negligence, the victim can recover damages even if they are found to be 99% at fault for the accident. Their compensation would be reduced by their percentage of fault. In modified comparative negligence, the victim can only recover damages if they are found to be 50% or less at fault for the accident. If the victim is found to be more than 50% at fault, they cannot recover any damages.
How Comparative Negligence Affects Your Claim
If you are involved in a personal injury case, comparative negligence can significantly impact your claim. If you are found to be partially at fault for the accident, it could reduce the amount of compensation you receive. For example, if you are awarded $100,000 in damages but found to be 30% at fault, your compensation would be reduced by 30% to $70,000. In some cases, if you are found to be more than 50% at fault, you may not be able to recover any damages at all.
In addition to reducing the amount of compensation you can receive, comparative negligence can also affect how the case is litigated. The defendant may argue that you were partially at fault for the accident and therefore should not be awarded full damages. You, as the plaintiff, may argue that you were not at fault or that your fault was minimal. The determination of fault can be a complex and contentious process, which is why it is important to work with an experienced personal injury attorney who can navigate these issues on your behalf.
Conclusion
Comparative negligence is an important legal concept in personal injury cases that helps to determine the percentage of fault each party has for an accident or injury. If you are involved in a personal injury case, it is important to understand how comparative negligence works and how it could impact your claim. Working with an experienced personal injury attorney can help ensure that your rights are protected and that you receive the compensation you deserve.