Figuring out who is at fault is a very important part of personal injury claims. But in a lot of cases, more than one person or group may be partly to blame for the accident. This is where the idea of comparative negligence comes into play. It is important to understand comparative negligence because it affects who is responsible for your injuries and how much money you may get for them.
Negligence in Comparison
Comparative negligence is a legal idea used in personal injury cases to figure out how much blame each party has. If you are partly to blame for the accident, your payment will be less than what you would have gotten if you were fully to blame. In other words, comparative negligence lets the court figure out how much each party is to blame and change the settlement amount as needed.
If you get into a car accident and it turns out that you are 20% to blame and the other driver is 80% to blame, your compensation will be cut by 20%. This means you can still get money for your injuries, but the amount will be less because you were partly to blame.
Most states follow either a “pure” comparative negligence rule or a “modified” comparative negligence rule. However, the laws about comparative negligence vary from state to state. You can still get money for damages under pure comparative negligence, even if you are 99% to blame. However, the amount you get will be less because of how much you are to blame.
Modified comparative negligence laws, on the other hand, usually only let you get money if you are less than 50% or 51% at fault. You might not be able to get any money if your fault is too high. It’s important to know the specific liability rules in your state because they can have a big impact on your ability to get damages.
Lowering of Compensation
The most immediate effect of comparative negligence is that you will get less money. If you are found to be partly at fault for the accident, the amount of money you get will be based on how much fault you were found to have. For instance, if you win $50,000 but are found to be 30% at fault, your payment will be cut by 30%, leaving you with $35,000.
Questions and Answers
What does “comparative negligence” mean?
When more than one person may be to blame for an injury, comparative negligence is a legal rule that helps figure out who is at fault. It lowers the amount of money you get based on how much fault you have.
What does shared fault mean for my personal injury claim?
If you are partially to blame for the accident, shared fault laws can lower the amount of money you get. You may get less money if you are more at fault.
Can I still get money if I’m partly to blame?
Yes, you can still get money for damages under comparative negligence, but the amount will be less based on how much fault you were.
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