One of the biggest issues in a personal injury claim following an accident is determining who was responsible for the accident. But at times, it is not just a single person’s fault. Sometimes the injured party may be partly at fault, as can be another party. That’s where the question of How Comparative Negligence Can Affect Your Claim comes into play.
Comparative negligence is a legal doctrine that assigns responsibility to the parties who were involved in an accident. If you are partly liable for your injuries, you might receive a smaller compensation amount based on the percentage of control that you have. Knowing this rule can ensure that you are able to protect your rights and make better choices when it comes to your personal injury case.
What Is Comparative Negligence?
Comparative negligence is a system that is used in personal injury cases to find out how much responsibility rests with each party in a personal injury accident. Rather than holding one individual responsible for everything, the court or insurance company decides on all of the parties involved.
Suppose that you were in a car accident, for instance. Another driver was using a text while driving, you were also driving slightly over the speed limit. The other party could still be at fault, albeit to a lesser degree, and your own conduct may decrease the amount of compensation you’ll find.
Comparative negligence provisions may result in a proportionate reduction in damages if the victim was partially at fault for the accident.
How Comparative Negligence Can Affect Your Claim Value
The most significant impact comparative negligence has on your claim is that the amount of money you may be able to recover is diminished.
If you have $100,000 in damages, such as medical costs, lost wages and pain and suffering, suppose your total damages are $100,000. If you are found 20% at fault for the accident, the compensation you receive could be reduced by 20%. Instead of receiving the full $100,000, you may recover $80,000.
The percentage that is assigned to you can have a significant impact on how much you receive in your settlement. Even if your case is just 10 percent out of the waters, it can cut compensation for your injuries.
Insurance companies will look into whether the victim was partially at fault, as if the victim is partly to blame, this reduces the amount of responsibility the insurance company has and can be used as evidence in the insurance case.
Types of Comparative Negligence Rules
The impact of comparative negligence will vary based on the laws in your state. Each state handles shared fault in claims in a different manner.
Pure Comparative Negligence
Pure comparative negligence allows the injured to claim damages even when he or she is mostly at fault in the accident.
For instance, if you’re responsible for 80 per cent of the damage and the other party for 20% of the damage, you may be able to claim 20 per cent of your losses.
This is a system where injured people are able to claim compensation based on the percentage of blame given to the other party.
Modified Comparative Negligence
There are many states that use modified comparative negligence. This rule dictates that the injured party will only be entitled to compensation if they are less than 50% responsible for their injuries.
Others may have a 50% rule, which means that you cannot collect damages if you are as at fault as the other party. Other states have a 51% rule, meaning you can recover when your percentage of fault is less than 50%.
These rules differ from state to state, so it’s important to know what the laws are in your state regarding negligence.
How Insurance Companies Use Comparative Negligence
Comparative negligence is a tactic that insurance companies will employ in their defense. An insurance adjuster may come in after an accident and try to convince you that you are at fault for your injury.
For instance, an insurance company can assert that:
- You were distracted at the time of the accident.
- You did not adhere to safety procedures.
- You didn’t follow a warning or hazard.
- You avoided medical care.
- Your actions increased the seriousness of your injuries.
Your settlement offer might be lowered if the insurance company proves successfully that you’re responsible, too.
That’s why it’s important that accident victims exercise caution in communicating with insurance companies. In negotiations, you can sometimes be accused of a simple statement of guilt or an apology.
Examples of Comparative Negligence in Personal Injury Cases
orms.There are several examples of comparative negligence in personal injury cases.
It helps to have a real life example to help understand the concept.
Car Accident Example
A driver fails to stop at a red light and crashes into a car. The injured driver makes a claim. But there is evidence that the injured driver was not wearing a seat belt.
The court decides:
Other driver: 85% responsible
Injured driver: 15% responsible
After the 15% reduction, the injured driver will get $42,500 if the damages are $50,000.
Slip and Fall Example:
A customer enters a store which has a wet floor. Warning signs were not present at the store and the customer was paying attention to their phone.
The court may determine that both parties were at fault for the accident. The customer’s compensation could be reduced based on their percentage of responsibility.
How to Protect Your Claim Against Comparative Negligence Arguments
Although another party may try to blame you, strong evidence can help protect your personal injury claim.
Important evidence may include:
- Accident reports
- Medical records
- Photos and videos of the accident scene
- Witness statements
- Security camera footage
- Expert opinions
- Communication records
The more evidence you have, the easier it becomes to show what actually happened and reduce unfair fault accusations.
You should also avoid making statements that suggest you caused the accident before all facts are reviewed. Let the evidence determine responsibility.
The Role of a Personal Injury Lawyer
A personal injury lawyer can help you understand how comparative negligence may affect your case. They can investigate the accident, collect evidence, negotiate with insurance companies, and challenge unfair claims of shared fault.
Insurance companies often try to minimize payouts. An experienced attorney can help ensure that your percentage of responsibility is evaluated fairly.
A lawyer can also explain whether your state follows pure comparative negligence, modified comparative negligence, or another fault system.
Does Comparative Negligence Mean You Cannot Win Your Case?
No. Being partially responsible does not always prevent you from recovering compensation. The outcome depends on how much fault is assigned to you and the laws that apply in your location.
Many personal injury claims involve some disagreement about responsibility. The important issue is proving the correct percentage of fault.
Even if you made a small mistake, you may still have a valid claim against another party who contributed more significantly to your injuries.
Final Thoughts
Understanding How Comparative Negligence Can Affect Your Claim is essential for anyone involved in a personal injury case. Shared fault can reduce your compensation, influence settlement negotiations, and affect the outcome of your claim.
Comparative negligence does not automatically eliminate your right to seek compensation. However, the percentage of fault assigned to you can make a significant difference in the amount you receive.
Gathering strong evidence, avoiding unnecessary statements, and working with a qualified legal professional can help protect your claim and improve your chances of receiving fair compensation.
