When it comes to personal injury cases, the concept of comparative negligence plays a crucial role in determining the outcome. Understanding how this doctrine works can greatly impact the success or failure of a personal injury claim. In this blog, we will delve into what it is and how it affects personal injury claims. We will also discuss how the experienced personal injury lawyers at Elevate Legal Services, PLLC. can assist you in navigating this complex legal concept.
Personal Injury Law: An Overview
Personal injury law, also known as tort law, is designed to safeguard individuals who have been physically or mentally injured due to someone else’s negligence or intentional act. Injury claims can arise from various situations such as car accidents, slips and falls, defective products, and medical malpractice among others. The primary goal of personal injury law is to provide legal rights for injured victims to be compensated financially after suffering a loss. It’s from this point that the concept of comparative negligence comes into play. Understanding this principle is crucial because it fundamentally shapes how responsibility for an accident and its resulting harm is apportioned among the parties involved.
What Is Comparative Negligence?
It is a legal principle that comes into play when determining fault and liability in personal injury cases. It recognizes that more than one party may be at fault for an accident or incident that resulted in injuries. As the name suggests, it allows for a comparison of the negligence of each party involved, and the damages awarded are reduced accordingly.
Types Of Comparative Negligence
There are two types of comparative negligence – pure comparative negligence and modified comparative negligence. Let’s take a closer look at each:
1. Pure Comparative Negligence
In states that follow the pure comparative negligence rule, an injured person can still recover damages even if they are found to be mostly at fault for the accident. However, the amount awarded will be reduced in proportion to their level of negligence. For example, if you were deemed 70% responsible for an accident and awarded $100,000 in damages, your final award would be reduced by 70%, leaving you with $30,000.
2. Modified Comparative Negligence
In states that follow the modified comparative negligence rule, an injured person can only recover damages if they are found to be equally or less at fault than the other party. If a person is deemed 51% or more responsible for an accident, they will not be entitled to any compensation.
The Importance Of Comparative Negligence In Personal Injury Claims
Comparative negligence is crucial in personal injury claims as it allows for a fair distribution of fault and liability. In cases where both parties are found to be partially at fault, the damages awarded will be adjusted accordingly. This ensures that neither party is unfairly burdened with the full responsibility for an accident.
Additionally, it can also affect the amount awarded for damages. As mentioned earlier, the final award is reduced based on the level of fault. This means that if an injured person is found to be partially at fault, their compensation may be significantly reduced.
How Elevate Legal Services, PLLC. Can Help
Navigating comparative negligence in a personal injury case can be complex and overwhelming, especially when facing insurance companies and other legal obstacles. That’s where the experienced personal injury lawyers at Elevate Legal Services, PLLC. come in. Our team has a thorough understanding of comparative negligence laws and can help you build a strong case to secure maximum compensation.
We will gather evidence, speak with witnesses and experts, and negotiate with insurance companies on your behalf to ensure that your rights are protected. With our guidance and representation, you can focus on your recovery while we handle the legal aspects of your case.
Comparative negligence is a vital aspect of personal injury cases that should not be overlooked. Understanding how it works is crucial in determining fault and the amount of damages awarded. If you have been injured in an accident, don’t hesitate to reach out to Elevate Legal Services, PLLC at (561) 770-3335 for expert legal representation.
Our compassionate and dedicated team will fight for your rights and ensure that you receive the compensation you deserve. Remember, we are just a phone call away. So, don’t hesitate to contact us today for a free consultation. We’re here to help you through every step of your personal injury claim journey. Trust in Elevate Legal Services, PLLC for all your personal injury needs. Your well-being is our top priority. So let us fight for you and elevate your legal experience. Contact us today for more information.