Everything You Need to Know About Comparative Negligence

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Negligence is a central theme in personal injury law, and without proof of it, there’s no case. Negligence means that someone acted rashly or irresponsibly, causing an accident that could have otherwise been prevented.

As some cases involve multiple parties and proving liability can get complicated, it is important to hire the best personal injury attorney. A concept called comparative negligence applies in such cases, and this will be discussed in detail below.

What is Comparative Negligence?

Comparative negligence applies when more than one party is at fault for an accident. It allows for each party’s degree of fault to be factored into the amount of compensation the injured party can claim.

In a typical car accident, for instance, if one driver was speeding while the other failed to stop at an intersection, both drivers would be found at fault to varying degrees.

Comparative negligence helps assign a percentage of responsibility to each party based on their contribution to the accident. For example, if a car accident happens and it’s determined that one driver was 40% at fault for speeding and the other driver was 60% at fault for not stopping, the compensation awarded will be adjusted accordingly. The injured party can still receive damages, but the amount will be reduced by their percentage of fault.

Pure and Modified Comparative Negligence

Every state follows its own set of laws on comparative negligence. There are typically two different types of comparative negligence – pure and modified comparative negligence.

The first type, pure comparative negligence, is when a percentage equal to the plaintiff’s fault in the accident is deducted. For example, if a plaintiff is found to be 40% at fault for a car accident, they will receive 60% compensation. This type of negligence grants plaintiffs compensation even if they were partially to blame for the accident.

The other type of comparative negligence is modified comparative negligence. Here plaintiffs are granted compensation only if they were less than 50% or 51% at fault for the accident. If that percentage is exceeded, they cannot claim any compensation.

Factors to Consider

Here are a couple of concepts that can affect negligence in a personal injury claim.

Assumed risk

A possible defense that can be used is assumed risk. This basically says that a plaintiff was aware of the risks associated with an activity and participated despite knowing that. For example, when participating in adventure sports such as skydiving, there is a known risk of injury, which the company can use in the event of a participant being injured.

Causation

Defense counsel can also use the concept of causation to deny responsibility for an accident. This concept says that the actions of the defendant did not directly cause the accident.

A good lawyer will be able to counter such claims and provide evidence to prove liability and negligence, securing the compensation you deserve.

A Note on Contributory Negligence

There is a similar concept in personal injury law that some states follow, which is called contributory negligence. Under this rule, plaintiffs cannot receive any compensation, even if they only made a small mistake that caused the accident. This is a harsher variation of negligence and prevents people from receiving compensation even if the other party was majorly at fault for the accident.

Conclusion

In conclusion, negligence is very important in personal injury cases, as it helps determine liability and compensation. It is also important to consider which state the plaintiff is in, as this affects what version of comparative negligence is followed.

Legal assistance is crucial in personal injury cases, as seemingly benign factors in an accident can change the course of a claim. If you find yourself in an accident, be sure to hire a good lawyer to ensure a good outcome for your case.