Understanding Comparative Fault In Personal Injury Cases

The reason for an accident isn’t always obvious; in certain cases, both participants might be blamed. 

You might still be able to receive compensation for your losses even if you were partly to blame for what happened. 

Although the law asserts this, the amount you get might go down based on how much you were to blame. 

An experienced attorney like Personal Injury Lawyer Michael Kelly can help evaluate your situation.

Furthermore, he will also explain how comparative fault in personal injury cases may be assigned and advise whether pursuing a claim is in your best interest.

Hi. In today’s blog, I will be explaining how comparative fault in personal injury cases works. And how exactly they can influence your case.

So, if that is something you want to know, you have come to the right place. Therefore, keep on reading this blog till the end and thank me later…

What Is Comparative Fault In Personal Injury Cases?

Comparative fault in personal injury cases refers to a legal doctrine that states both parties involved must share responsibilities according to their contribution to the accident.

Still confused?

Let me clarify more with an example. I am talking about a bike-car accident, where the bike driver was injured very badly, while the car driver was left unhurt. 

Of course, since the bike driver faced losses, the car driver will have to pay the compensation amount.

Yes, but if the bike driver was found to be at fault aswell, he will also need to pay compensation. 

Fortunately, the bike driver may still collect compensation if they’re partially responsible. Comparative fault in personal injury cases is a concept used in many legal systems. 

This means the amount of losses you can get depends on how much each party is to blame.

What Is The History Of Comparative Fault In Personal Injuries?

Oh, you thought the idea of comparative fault always existed? The idea of comparative negligence started in the United States in the early 1900s. 

Before that, the law used a rule called contributory negligence; they could not get any money for damages. 

If this seems unfair to you, that’s because it is! As it did not consider how much each person was at fault. 

Wondering which court ruled the first case under this doctrine? The first known case of comparative negligence in court happened in Wisconsin in 1918. 

It was quite a tragic incident. A train accident occurred, and the plaintiff stood too close to the tracks and was found partly at fault. 

The court decided that the plaintiff’s damages should be reduced based on their level of negligence.

Let’s Look At How Fault And Negligence Laws Work Across The U.S.

To solve comparative fault in personal injury cases, most U.S. states use some kind of comparative fault method to determine who can receive damages and how much. 

Comparative negligence ensures that everyone is held accountable when more than one person or group is responsible for an event.

Can you guess which is the most common approach? Modified comparative negligence. It generally follows two key principles:

• A person may claim damages if they are less than 50% (or 51% in certain areas) liable for the accident.
• Their proportion of culpability reduces their reimbursement.

This model addresses situations where more than one person is at fault. Some states have their own methods, but most states use this one. 

The pure comparative negligence rule allows someone to get compensation. This happens even if they are 99% responsible, although the amount will be substantially lower. 

However, some states follow a contributory negligence rule. This prevents reimbursement for even a tiny degree of fault. 

Who Decides How Much Fault Each Party Has?

Assessing the degree of responsibility for each party is not a precise science. You won’t have to worry about getting an exact number if you settle your case with the insurance company instead of going to court. 

Of course, you first prioritize minimizing your responsibility and maximizing your compensation after an automobile accident.

Wait! Don’t panic, I will tell you exactly what you need to do. You have to know how to show you are not at fault.

Courts usually apply comparative blame. If that happens, the jury might give you, the defendant, and any other involved parties a certain amount of blame. 

The judge will then consider both parties’ comparative fault in personal injury cases when deciding how much money you should receive.

Comparative Fault In Personal Injury Cases: Relevant Examples

Examples often help people better understand the idea of comparative fault. Take a look at these two situations.

Scenario 1

Imagine crossing the street without a walk signal, thinking a distant car will not reach you in time. 

But the automobile hits you because it’s driving far too fast. It has seriously injured you, and you should file a personal injury claim.

Both sides present their cases in court. The judge found the driver 60% at fault and you 40% at fault. 

While they award $100,000 in damages, the law reduces your share by 40% under comparative negligence rules. You end up receiving $60,000.

Scenario 2

Imagine going along the street during the day. An automobile driver loses control unexpectedly. When the automobile jumps the curb and hits you, it gravely injures you. 

The driver’s insurer may settle this lawsuit. If it doesn’t or offers a cheap bargain, your lawyer may sue. 

After the jury reviews the evidence, they find that you are not at fault because the automobile left the road and went onto the path when you were walking. You get $100,000 in full damages from the court.

Why Should You See A Personal Injury Attorney?

There is no way for you to know what amount of fault a jury would give you until your case goes to trial. You won’t be completely in the dark, though. 

Personal accident lawyers deal with comparative fault in personal injury cases almost every day. 

When an accident injures you badly, there’s virtually nothing a car accident lawyer won’t do for a client. 

Your lawyer can estimate what percentage of fault a jury might assign to you after looking at your case.

A lawyer may agree to take your case if they think you have a good chance of winning. You have no risk when you work with an expert. 

That first meeting is free, and you don’t have to pay anything up front. You agree to pay the lawyer a certain portion of the money they get for you if they win. 

In case a situation arises where they are unable to get compensation, you don’t need to make any payments, and no one can hold you accountable for it.

Read Also:

• What Are the Key Stages of a Truck Accident Lawsuit?
• How State Laws Shape Personal Injury Cases
• 6 Key Concepts in Personal Injury Law