There is always a risk of accidents happening, and when they do, it can lead to serious injuries and damages. In these situations, the law allows for injured parties to seek compensation from the negligent party. However, what happens if both parties are partially at fault for the accident? This is where the basic concept of comparative negligence comes into play.
You may be wondering what comparative negligence is and how it affects personal injury cases. Without further ado, let’s dive into the basics of comparative negligence and its role in personal injury cases in this quick guide.
Understanding Comparative Negligence
Understanding comparative negligence is essential in personal injury cases. It refers to the legal principle that assigns fault and determines compensation based on the degree of negligence of each party involved. In simple terms, if you are partially at fault for the injuries, your compensation may be reduced proportionately.
For example, let’s say you were involved in a car accident where both drivers were found negligent. If it is determined that you were 25% at fault for the car accident, your potential compensation will then be reduced by 25%. This concept aims to ensure fairness and accountability by considering all parties’ contributions to an incident rather than placing blame solely on one party.
Pure Comparative Negligence vs. Modified Comparative Negligence
Pure comparative negligence basically allows the injured party to recover damages even if they were mostly at total fault for the accident. The amount of compensation received is reduced by the percentage of fault. On the flip side, modified comparative negligence follows a threshold where the injured party can only recover damages if their level of fault falls below a certain percentage, typically 50% or 51%. Both types have their implications in personal injury cases and can greatly impact settlements. So be sure to work with an experienced attorney from The Law Offices of Marc L. Shapiro, P.A. for a more promising legal process.
Contributory Negligence
If the injured party is found to have contributed even slightly to their own injuries through their own negligent actions, they may be barred from recovering any compensation. This means that even if someone else’s negligence was primarily responsible for the injury if the injured party is deemed partially at fault, they might not receive any financial recovery. It’s important to note that not all states adhere to this strict rule and instead follow comparative negligence principles, which allow for some level of recovery based on each party’s percentage of fault.
Role of Comparative Negligence in Settlements
When it comes to settlements, understanding how comparative negligence affects your case is essential. In settlements, courts consider the degree of fault assigned to each party involved. If you are found partially responsible for your injuries, it can directly impact the amount of compensation you receive, as mentioned. In other words, your level of responsibility directly affects the outcome of your settlement negotiations. So, whether it’s pure or modified, this legal principle plays a significant role in determining how fault and compensation are allocated between parties involved in an accident. Contributory negligence can also impact the outcome of a case.
If you’ve been injured at any level due to someone else’s negligent actions but believe you may share some degree of fault yourself, don’t hesitate to reach out for professional advice. Understanding your rights and resolution options can make a huge difference when seeking real justice and fair compensation after suffering harm caused by another party’s actions or omissions.
