When you’re injured in an accident, determining who is at fault plays a crucial role in your ability to recover compensation. But what happens if you share some responsibility for the incident? This is where comparative negligence comes into play.
What Is Comparative Negligence?
Comparative negligence is a legal principle that allows an injured party (plaintiff) to seek compensation even if they were partially at fault for their own injuries. However, the amount they can recover is reduced by their percentage of fault.
For example, if you are found to be 30% responsible for an accident and your total damages amount to $100,000, your compensation would be reduced by 30%, meaning you could recover $70,000 instead.
How Fault Is Assigned
In a personal injury case, the court (or insurance adjusters) will determine the percentage of fault each party holds. This system is more flexible than the older contributory negligence rule, where any fault by the plaintiff would completely bar them from recovering damages.
Types of Comparative Negligence
There are two primary types of comparative negligence used in different states:
· Pure Comparative Negligence: You can recover damages no matter how much you were at fault, even if you were 99% responsible. However, your compensation will be reduced based on your level of negligence.
· Modified Comparative Negligence: You can only recover damages if your fault is below a certain threshold, typically 50% or 51%, depending on state laws. If you are more at fault than the defendant, you receive nothing.
Why State Laws Matter
Each state has its own comparative negligence laws, so understanding the rules in your jurisdiction is crucial. Some states follow pure comparative negligence, while others use a modified system. This distinction can significantly impact your ability to recover compensation.
Proving Comparative Negligence
In most cases, the defendant (or their insurance company) must prove that you were partially responsible for the accident. They may use evidence such as:
· Witness statements
· Traffic or surveillance camera footage
· Accident reconstruction reports
· Your own statements or actions
How an Attorney Can Help
If you are pursuing a personal injury claim, working with an experienced attorney is highly recommended. A lawyer can help:
· Minimize the percentage of fault assigned to you
· Gather evidence to support your claim
· Negotiate with insurance companies to maximize your compensation
Final Thoughts
Comparative negligence ensures that compensation in personal injury claims is distributed fairly based on each party’s level of fault. However, understanding how this system works—and how it applies in your state—can make a significant difference in the outcome of your case.
If you’ve been injured in an accident, consulting with a personal injury attorney can help you navigate the complexities of comparative negligence and protect your right to fair compensation
Cooper Levenson is a full-service law firm established in 1957. Kathleen F. Beers, Esq. handles personal injury law and can be reached at kbeers@cooperlevenson.com or (609) 572-7570. Visit our blog at https://blog.cooperlevenson.com/ for more information.