Comparative Negligence in Personal Injury Claims arise when an individual suffers harm due to someone else’s negligence or wrongdoing. In these situations, the injured person sues for damages to cover their losses, including medical costs, lost earnings, and pain and suffering. However, not all accidents are solely the fault of one party. Comparative negligence comes into play when the plaintiff and the defendant share some degree of fault in the incident. In this article, we will delve into the concept of comparative negligence and the pivotal role of personal injury lawyers in handling such cases.
What is Comparative Negligence in Personal Injury Claims?
Comparative negligence, or contributory negligence, is a legal principle applied in personal injury claims when the injured party and the at-fault party share responsibility for the accident. The percentage of fault assigned to each party directly impacts the compensation the injured party can receive. Different jurisdictions may have variations of comparative negligence laws, which can be classified into two main types: pure comparative negligence and modified comparative negligence.
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Pure Comparative Negligence:
In jurisdictions that follow pure comparative negligence in personal injury, an injured party can still recover compensation even if they are deemed chiefly at fault. However, the amount they can receive will be reduced based on their percentage of fault. For instance, if the injured party is found 60% responsible for the accident and the total damages are $50,000, they would receive $20,000 (40% of the total) as compensation.
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Modified Comparative Negligence:
In contrast, states adopting modified comparative negligence apply a threshold beyond which the injured party is ineligible for compensation. This threshold is typically set at 50% or 51%. If the injured party’s fault surpasses this threshold, they cannot recover damages. However, if they are found to be less than 50% at fault (or the specific threshold set by the state), their compensation will be reduced proportionally to their degree of negligence.
The Role of a Personal Injury Lawyer
Navigating a personal injury claim involving comparative negligence can be complex and challenging. This is where a personal injury attorney’s knowledge is vital. A personal injury lawyer, also known as a personal injury attorney, is a legal professional who specialises in representing clients who have been injured due to the negligence of others.
One of the primary tasks of a personal injury lawyer is to thoroughly assess the circumstances surrounding the accident to determine the extent of the client’s fault and the potential compensation they may be entitled to. This involves gathering evidence, interviewing witnesses, and consulting with experts, such as accident reconstruction specialists and medical professionals.
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Building a Strong Case:
Personal injury lawyers work diligently to build a strong case for their clients. They use the evidence collected to establish liability on the defendant’s part while minimising the plaintiff’s responsibility for the accident. This can significantly impact the final compensation amount.
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Negotiating with Insurance Companies:
Insurance companies often try to diminish the value of a personal injury claim by leveraging comparative negligence. A skilled personal injury lawyer will adeptly negotiate with the insurance company to ensure their client’s rights are protected and that they receive fair compensation.
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Representing in Court:
The personal injury lawyer will represent their client in court if a fair settlement cannot be reached through negotiation. They will present the case before a judge and jury, advocating for maximum compensation based on their jurisdiction’s comparative negligence principles.
Conclusion
Comparative Negligence in Personal Injury Claims can be intricate and require specialized legal expertise. Personal injury lawyers play a pivotal role in guiding clients through the complexities of these cases, helping them receive the compensation they rightfully deserve. If you’ve been injured in an accident, it’s essential to consult with a reputable personal injury firm or personal injury lawyer near you to protect your rights and secure the compensation you are entitled to. Remember, time is of the essence, so act promptly to protect your interests and seek the justice you deserve.
