Tort law provides a leeway for victims of harm resulting from the negligent action of other individuals to get compensation. However, compensation is only possible if the victim can establish that the defendant was at fault in the accident in which they suffered injuries. In most personal injury cases, determining who is at fault and establishing liability is a key component.
In some cases, fault can be squarely on the defendant. But there are situations where both parties could be at fault. The American States follow two main approaches to a shared fault: comparative or contributory negligence. This guide focuses on comparative negligence, so keep reading to learn more.
Understanding Comparative Negligence
Comparative negligence is a principle in personal accident law that allocates responsibility for an accident to both parties, with each party carrying their share of responsibility, which affects how much compensation they can recover.
The responsibility of assigning the percentage of fault lies with the court and the jurors. This means the strength of your case will affect how they assign responsibility, so you have to work with a reputable personal injury lawyer when navigating a claim. Injury attorney Charles Boyk is one reputable attorney to whom anyone undergoing such a tumultuous time should speak.
Types of Comparative Negligence
There are two general types of comparative negligence approaches. Pure comparative negligence and modified comparative negligence. Both are slightly tweaked in the cases of certain states, but the overarching principles remain the same.
Pure Comparative Negligence
Under pure comparative negligence, a victim has a right to compensation, irrespective of the degree of fault. For example, if the claimant is 90 percent at fault for the accident, they can still recover compensation.
However, they can only receive 10 percent of the value of their claim. For example, if the claims settlement figure is $100,000, they can only receive $10,000 in compensation.
Modified Comparative Negligence
Under modified comparative negligence, victims can only recover compensation if the defendant is more than half to blame for the accident.
Some states place the limit on 50 percent, allowing victims to recover compensation if their fault is less than 50 percent. Other states follow a 51 percent rule, which allows the victim to recover compensation as long as their degree of fault is under 51 percent.
Determining Fault in an Accident
With fault being critical in recoverable compensation, determining it can take quite some time and effort. The court will look at several considerations when assigning the degree of fault that lands on each of the parties involved.
Among the most important considerations is the evidence presented by both parties. Admissible evidence can include pictures, videos, police reports, witness accounts, and expert witnesses.
The court will also look at negligence on the part of both parties. When determining negligence, the court will examine whether both parties exercised reasonable care in the lead-up to the accident, and failure to exercise reasonable care is considered negligence.
The court will also consider adherence to safety regulations for both parties. Any party failing to adhere to safety will impact their degree of fault.
If the opposing side can prove you were at fault, your payout can be significantly reduced. The only way to ensure maximum payout is to involve a lawyer in your case. In most cases, the other side will have a lawyer, and you will be disadvantaged if you do not have one. Selecting the right attorney can make or break your case.
Conclusion
Navigating the intricacies of comparative negligence cases requires a strategic and meticulous approach to evidence collection and presentation. In the pursuit of justice and fair compensation, enlisting the expertise of a seasoned personal injury lawyer is not just advisable—it’s essential. A skilled attorney’s guidance can help you navigate the complex legal landscape, ensuring that your case is presented persuasively and your rights are diligently protected.
