If you don’t have any legal training, then personal injury claims can be quite confusing. There are many nuances to the law and insurance policy coverage, which makes it quite complicated for an average person to navigate without the assistance of an experienced lawyer.
Negligence law is a key factor that needs to be evaluated when multiple parties are sharing responsibility for the accident. If there is comparative negligence, then it means that you can still receive damages, even if you were partially at fault for the accident. But this process can be complicated, which is why it’s critical to hire an experienced attorney who can assist with liability determination and negotiating on your behalf.
Keep in mind that comparative negligence will reduce your compensation based on the percentage of your fault in the accident. Our legal team is here to help minimize that percentage of fault as much as possible so that you can receive the highest compensation available for your personal injury claim.
Different Types of Negligence Laws: Fault Will Impact Your Case
There are several aspects that come into play when negligence laws are involved with your personal injury claims. Here are a few ways that your case might be affected:
- Pure Comparative Negligence: In this situation, it’s possible that you can still receive damage compensation regardless of your degree of fault. For example, even if you hold 80% of the fault for the accident, you can still recover 20% of the damages. This type of comparative negligence is used in states such as Florida and California.
- Modified Comparative Fault: Other states use a modified approach for comparative negligence. Depending on the state laws, if you are 50% or 51% (or more) at fault, then you will receive no compensation for damages. When your fault is less than 50%, then you will receive a reduced amount. These laws are used in states like New York and Texas.
- Contributary Negligence: The harshest standard for comparative negligence is used in states like Maryland and Alabama. These laws prevent you from receiving compensation if you were even 1% at fault for the accident. The case can be challenging to navigate because you need to be able to prove 100% liability on the other party.
How Fault is Determined for Comparative Negligence in Personal Injury Claims
The fault determination process is designed to figure out who is responsible for the accident. This accident responsibility is not only analyzed by the insurance company and court system, but lawyers can also play a role in the final determination. There are various pieces of evidence that must be reviewed, including police reports, videos, and witness statements.
In this process, there are times when the blame is split between the parties that are involved. You will be assigned a negligence percentage based on what role you played in the accident. Our goal is to reduce this percentage as much as possible. The higher the percentage of fault you are assigned, the less compensation you will receive in the settlement.
Impact on Damages Recovery: Why Comparative Negligence Matters
This comparative negligence is calculated in the compensation totals, which is why it’s critical to hire an experienced accident attorney who can help to reduce or even eliminate your liability. Here’s how the calculations work:
- First, the total damages are added up, including medical bills, lost wages, and a determined amount for pain and suffering.
- Then, your percentage of fault will be subtracted from the calculation.
- For example, if your damages are calculated at a total of $100,000 and you are determined to be 20% at fault, then you will only receive $80,000.
Here are a few real-life examples of how liability distribution works:
- Another driver ran a red light and hit you in the intersection, but you were speeding at the time of impact. The first driver might be found 70% at fault for running the red light, leaving you with 30% responsibility for the accident.
- A store didn’t clean up a spill on the floor, which caused you to slip and fall while walking in the store. But you were texting when the fall occurred and didn’t notice the mess. The store might be assigned 60% fault, and you are at fault 40%.
Various Details Will Help with Proving Fault in Your Claim
Depending on the circumstances, your attorney will help you gather the necessary evidence for proving fault in your claim. The investigation often includes a review of weather factors, road conditions, and driver behavior in the accident.
Additionally, medical records will be evaluated to determine the cause of injury. If there is a pre-existing condition that is contributing to the damages, then it could reduce fault.
In most cases, liability distribution is determined during the negotiations and/or court proceedings. Evidence will be presented such as witness testimonies and other details about the conditions when the accident happened.
FAQs
What is comparative negligence?
The term comparative negligence refers to the way fault impacts the compensation a victim receives. If there is a percentage of fault in the accident, then it will reduce the amount of money that you will get.
How does comparative negligence affect personal injury claims?
Your settlement amount will be lower based on your level of responsibility for the accident.
What is the difference between comparative and contributory negligence?
If comparative negligence law is in effect, then partial compensation is still possible based on the percentage of fault that you are responsible for. On the other hand, contributory negligence reduces any chance of recovery if you had even 1% fault in the accident.
Call Our Professional Team for Help with Your Personal Injury Claims
If you are dealing with a personal injury claim, then the most important decision you will make is hiring an experienced lawyer that you can trust. Our team is here to advocate on your behalf and provide the support that you need every step of the way. Contact us at Green Law Firm to learn more about the legal services that are available: (956) 542-7000.
