Understanding Comparative Fault with Personal Injury Attorneys

Understanding Comparative Fault with Personal Injury Attorneys

Comparative fault, also known as comparative negligence, is a crucial concept in the field of personal injury law. It refers to the legal principle that assigns blame and damages proportionally according to each party’s degree of responsibility for an accident. Understanding this concept is essential when pursuing a personal injury claim as it can significantly impact the amount of compensation you may be entitled to receive.

In most jurisdictions across the United States, courts use either a ‘pure’ or ‘modified’ system of comparative fault. In a pure system, a plaintiff can recover damages even if they are 99% at fault for their injuries. However, their compensation will be reduced by their percentage of liability. For example, if you were found to be 60% at fault for an accident that caused $100,000 in damages, you would only be able to recover $40,000.

On the other hand, under a modified system — which is more common — plaintiffs cannot recover any damages if they are found to be equally responsible (50/50 rule) or more responsible (51/49 rule) than the defendant(s). The specific type of modified system applied varies from state to state.

It’s important to note that determining comparative fault isn’t always straightforward and often requires extensive investigation and negotiation between parties involved in an accident. This process typically involves gathering evidence such as police reports, eyewitness accounts and expert testimonies among others.

This is where personal injury attorneys come into play. These legal professionals have extensive knowledge and experience dealing with cases involving comparative negligence laws. They understand how these complex rules apply in different scenarios and can help victims navigate through challenging negotiations with insurance companies or opposing counsel.

Personal injury attorneys work diligently on behalf of their clients not only proving the other party’s negligence but also defending against claims that their client was partially at fault for causing an accident. They know how important it is to accurately establish degrees of blame so that victims can receive fair compensation for their injuries.

In conclusion, understanding comparative fault is crucial when pursuing a personal injury claim. It can significantly affect the outcome of your case and the amount of compensation you may be entitled to receive. Therefore, it’s highly recommended that you retain an experienced personal injury attorney who understands this doctrine thoroughly and can advocate effectively on your behalf. This legal professional will not only guide you through the complex legal process but also strive to ensure that justice is served and that you receive fair compensation for your injuries.

Munley Law Personal Injury Attorneys
1170 PA-315, Wilkes-Barre, PA 18702
15703990406