What Personal Injury Attorneys Say About Partial Fault in Injury Cases
Personal injury attorneys often encounter cases where the injured party is partially at fault for their own injuries. This concept, known as contributory or comparative negligence, can significantly impact the outcome of a personal injury case. In such situations, it’s crucial to understand what personal injury attorneys say about partial fault in injury cases.
In most jurisdictions, being partially at fault does not necessarily bar someone from recovering damages in a personal injury claim. However, it may reduce the amount of compensation they receive proportionate to their degree of fault. The principle behind this rule is that individuals should bear responsibility for their actions and how those actions contribute to an accident or injury.
For instance, if you were involved in a car accident where you were speeding but another driver ran a red light and hit your vehicle, both drivers could be considered at fault. If it’s determined that you are 30% responsible due to your speeding and the other driver is 70% responsible because they ran the red light, any damages awarded would be reduced by your percentage of responsibility – in this case by 30%.
This approach varies from state to state with some following a pure comparative negligence rule while others follow modified versions. In states with pure comparative negligence rules like California and New York, even if you are found to be 99% at fault for an accident, you may still recover 1% of your total damages from other parties involved.
On the other hand, states following modified comparative negligence rules only allow plaintiffs who are less than 50% or 51% (depending on the jurisdiction) at fault to recover damages. For example, Illinois follows a modified comparative negligence rule which bars recovery if you’re more than 50 percent responsible for your injuries.
Understanding these principles becomes critical when negotiating settlements outside courtrooms since insurance companies often use shared blame as leverage during negotiations. Personal injury attorneys play an essential role here by advocating for clients’ rights and ensuring fair treatment throughout the process.
In conclusion, personal injury attorneys say that even if you are partially at fault for an accident, it is still possible to recover damages. However, your percentage of fault can significantly impact the amount of compensation you receive. Navigating these complex legal waters requires expertise and experience which a skilled personal injury attorney can provide. Therefore, if you find yourself in such a situation, it’s advisable to seek professional legal advice immediately.
Munley Law Personal Injury Attorneys
227 Penn Ave, Scranton, PA 18503
15708654699