Comparative fault is a critical point of personal injury law, one that may determine how much compensation you’re entitled to collect, or even if you’re able to collect compensation at all. Also known as comparative negligence, this concept refers to the legal principle that assigns responsibility for an accident or injury based on the degree of fault of each party involved. If you live in a state with comparative negligence laws, it’s important to have a skilled personal injury lawyer represent you to ensure that your interests are protected.
Today, our friends from Bennerotte & Associates, P.A. explain the concept of comparative fault, how it may affect your personal injury claim, and the importance of seeking legal guidance to navigate its complexities.
What Is Comparative Fault?
Under the doctrine of comparative fault, the court determines the percentage of fault for each party involved in an accident or injury. This percentage reflects the degree to which each party’s actions contributed to the incident. In states that follow comparative fault principles, such as California and Florida, the amount of compensation awarded to the injured party is reduced by their percentage of fault.
How Comparative Fault Works
In a personal injury case involving comparative fault, the court considers evidence from both sides to determine each party’s degree of fault. Factors such as negligence, recklessness, and failure to adhere to safety regulations may influence the court’s assessment. Once fault has been assigned, the court calculates the percentage of fault for each party and adjusts the final compensation accordingly.
Example Of Comparative Fault In Action
Consider a scenario where a pedestrian is struck by a car while crossing the street. During the investigation, it is revealed that the pedestrian was crossing against the traffic signal, while the driver was exceeding the speed limit. In this case, the court may find that both parties share responsibility for the accident. If the pedestrian is deemed 25% at fault and the driver is deemed 75% at fault, the pedestrian’s compensation would be reduced by 25% to account for their contribution to the accident.
Strategies To Mitigate Comparative Fault
If you’re involved in a personal injury claim where comparative fault may be a factor, there are several strategies your lawyer may employ to mitigate your level of fault:
- Gathering Evidence: Thorough documentation of the accident scene, witness statements, and expert testimony can help support your version of events and demonstrate the extent of the other party’s negligence.
- Negotiating with Insurance Companies: Skilled negotiation techniques can help counter attempts by insurance adjusters to shift blame and negotiate a fair settlement that reflects your level of fault.
- Presenting a Strong Legal Argument: Your lawyer can present a compelling legal argument that highlights the other party’s significant role in causing the accident and emphasizes your right to compensation for your injuries and losses.
Understanding comparative fault is essential for anyone involved in a personal injury claim. Remember, even if you’re partially at fault for an accident, you may still be entitled to recovery. Don’t hesitate to consult with a legal professional who can protect your rights and advocate for your best interests in pursuing a personal injury claim.
