How Comparative Negligence Affects Your Personal Injury Settlement
When you’re involved in a personal injury case, one of the critical factors that can influence the outcome of your settlement is the concept of comparative negligence. Understanding how comparative negligence works and how it can impact your personal injury settlement is crucial for navigating your case effectively. This article will explore the principles of comparative negligence and provide insights into its implications for your settlement.
What is Comparative Negligence?
Comparative negligence is a legal doctrine used to apportion fault among parties involved in an accident. It recognizes that more than one party can be responsible for causing an accident and subsequent injuries. In personal injury cases, the degree of fault assigned to each party can significantly affect the amount of compensation a plaintiff can receive.
There are two main types of comparative negligence systems used in the United States:
Pure Comparative Negligence
In a pure comparative negligence system, a plaintiff’s compensation is reduced by their percentage of fault, regardless of how high that percentage is. For example, if a plaintiff is found to be 70% at fault for an accident and the total damages amount to $100,000, the plaintiff can still recover $30,000, which is the total damages minus their percentage of fault.
Modified Comparative Negligence
Modified comparative negligence, which is more commonly used, sets a threshold for the plaintiff’s level of fault. In most states, this threshold is either 50% or 51%. If the plaintiff’s fault exceeds this threshold, they are barred from recovering any compensation. For instance, if the threshold is 51% and the plaintiff is found to be 52% at fault, they will receive no compensation. If they are 50% at fault, their compensation will be reduced by that percentage.
How Comparative Negligence Affects Your Settlement
The application of comparative negligence can have a profound impact on the amount of compensation you receive in a personal injury settlement. Here’s how:
Reduction in Compensation
The most direct effect of comparative negligence is the reduction in the settlement amount based on your degree of fault. The more you are found to be at fault, the less compensation you will receive. This reduction is calculated by multiplying the total damages by your percentage of fault.
Determination of Fault
Establishing the degree of fault is a crucial part of the negotiation and litigation process in personal injury cases. Both parties will present evidence to argue their perspective of fault. This evidence can include witness statements, accident reports, expert testimony, and any other relevant information.
Impact on Settlement Negotiations
Comparative negligence can also influence settlement negotiations. Insurance companies often use the threat of assigning a higher degree of fault to pressure plaintiffs into accepting lower settlement offers. Understanding your level of fault and how it might be perceived can help you negotiate more effectively.
Practical Steps to Mitigate Comparative Negligence
Gather Evidence
Collecting and preserving evidence is vital to building a strong case and minimizing your assigned fault. This can include photographs of the accident scene, medical records, witness contact information, and any other pertinent documents.
Consult with an Attorney
Working with an experienced personal injury attorney, such as those at El Dabe Ritter Law Firm, can provide invaluable assistance in navigating the complexities of comparative negligence. An attorney can help gather evidence, consult with experts, and develop a strategy to minimize your fault and maximize your compensation.
Be Cautious with Statements
Be mindful of your statements to insurance adjusters, on social media, and to others involved in the case. Admissions of fault or careless remarks can be used against you to increase your percentage of fault.
Understand State Laws
Different states have different rules regarding comparative negligence. It’s essential to understand the laws in your state and how they apply to your case. An attorney familiar with local laws can provide guidance specific to your jurisdiction.
Conclusion
Comparative negligence is a critical factor that can significantly impact your personal injury settlement. Understanding how it works and taking steps to mitigate its effects can help you achieve a more favorable outcome. Consulting with experienced attorneys, like those at El Dabe Ritter Law Firm, can provide the expertise and support needed to navigate this complex aspect of personal injury law. By understanding your rights and responsibilities, you can better protect your interests and work towards securing the compensation you deserve.