Comparative negligence is a legal principle that plays a significant role in personal injury cases. It refers to the process of allocating fault and responsibility for an accident between the parties involved. This concept acknowledges that accidents are often not solely caused by one party but are instead, the result of multiple parties’ actions or inactions.
In personal injury cases, comparative negligence can significantly influence the outcome and compensation awarded. If you file a lawsuit after suffering an injury due to someone else’s negligence, your actions leading up to the incident will be closely scrutinized. If it is found that you were also negligent and contributed to your own injuries, this could potentially reduce or even eliminate any compensation you might receive.
There are two main types of comparative negligence: pure comparative negligence and modified comparative negligence. In states following pure comparative negligence rules, plaintiffs can recover damages even if they were 99% at fault for their injuries. However, their recovery would be reduced by their percentage of fault.
On the other hand, under modified comparative negligence rules which most states follow, plaintiffs cannot recover if they were 50% or more at fault for their injuries. If they were less than 50% at fault, they could recover damages reduced by their percentage of fault.
For example, consider a car accident where both drivers share some blame — Driver A was speeding while Driver B failed to signal before changing lanes causing them to collide with each other. In this case, if Driver A files a personal injury claim against Driver B but is found 40% responsible for causing the accident because he was speeding; his total damage award would then be reduced by his percentage of responsibility (40%).
The role of comparative negligence in personal injury cases underscores how crucial it is for injured individuals seeking compensation to have robust legal representation. An experienced attorney can help argue effectively about issues related to liability and ensure that any allocation of blame does not unfairly prejudice their client’s claim.
In conclusion, the principle of comparative negligence is integral to personal injury cases. It helps ensure a fair and just outcome by considering the actions of all parties involved in an accident. Understanding this concept can provide crucial insights into how personal injury claims are evaluated and resolved, ultimately affecting the compensation that injured individuals may receive.
Munley Law Personal Injury Attorneys
227 Penn Ave, Scranton, PA 18503
15708654699
