What You Need to Know About Comparative Fault in Personal Injury Claims

When accidents happen, it’s not always easy to figure out who is at fault. In many cases, more than one person is partly to blame for what happened. This is where comparative fault, which is also called comparative negligence comes to play. It is a legal concept that helps figure out who is at fault. It also helps people determine how much money should be paid in these situations.
People who were hurt can get compensation for their injuries even if they were partly to blame for the accident. Comparative fault is something that personal injury lawyers deal with a lot of the time. This principle makes sure that everyone is treated fairly. It reduces the compensation based on how much fault the injured party has. If you want to file a personal injury claim, you need to know how this method works.
Types of Comparative Fault
When it comes to comparative fault systems in the US, there are two main types. We have the pure and changed. Compensation is different in each system.
Pure Comparative Fault
People can get compensation through this method even if they are mostly to blame for the accident. For example, someone who is 90% to blame for an accident could still get 10% of the money they lost. This is the rule that states like Florida, California, and New York follow.
Modified Comparative Fault
There is a fault threshold in this system. It is usually set at 50% or 51%. If the person who was hurt goes beyond this threshold, they can’t get compensation. So, for a state with a 50% bar rule, someone who is 51% at fault cannot claim compensation.
How Comparative Fault Affects Compensation
How much money someone who was hurt can get as compensation depends on how much fault there is. Take a look at these examples:
- In a case with $50,000 in damages, the judge says the injured person is 30% to blame. After taking 30% off, they would get $35,000.
- In a state with modified comparative fault, the injured person would not get any money if they were 51% to blame.
To properly evaluate your claim, you need to know your state’s fault rules.
Factors Determining Fault
Finding fault means looking at all the evidence and statements from everyone involved. These important things are worth considering:
- Statements from Witnesses: Accounts from eyewitnesses can give a fair picture of what happened.
- Accident Reports: Police reports and incident reports often give important information.
- Opinions of Experts: Accident reconstruction experts and other experts can clarify fault percentages.
You need a lot of evidence to build a good case and protect your rights.
Examples of Comparative Fault
Comparative fault can be used in a number of situations. Let’s look at two popular examples:
- Automobile Accidents: If one driver goes too fast and another doesn’t stop, they may both be at fault. Compensation would depend on each driver’s fault percentage
- Cases of Slips and Falls: Someone who got hurt might be partly to blame if they didn’t pay attention to warning signs or wore the wrong shoes.
Legal Help and Comparative Fault
In situations of comparative fault, having a personal injury lawyer on your side can make a big difference.
- Lawyers know the rules in your state.
- They can also make a case to reduce your fault percentage.
- They help you gather evidence.
- They negotiate with your insurance company.
- If necessary, they will defend you in court.
If you are in an accident where the fault is shared, understanding comparative fault will help you make smart choices. The goal of this system is to make sure that everyone is treated fairly.