Comparative negligence is a legal principle employed in personal injury cases to assess the level of fault for each party involved in the accident. A thorough comprehension of this legal concept is crucial when seeking compensation for personal injuries.
A Philadelphia personal injury lawyer can help you understand how comparative negligence can affect your case and how to navigate this legal concept in your favor. Let’s take a closer look at the role of comparative negligence in personal injury cases.
Understanding Comparative Negligence in Personal Injury Cases
What is Comparative Negligence?
Comparative negligence is a legal concept that assigns a degree of fault to each party involved in an accident. It acknowledges that more than one person can contribute to an accident and that each party should be held responsible for their actions to some extent.
In states that follow the comparative negligence rule, the injured party can still receive compensation for their injuries even if they are partly at fault. However, the amount of compensation they receive will be reduced based on the degree of fault they contributed to the accident.
For example, if a pedestrian was hit by a car while crossing the street, the court may determine that the pedestrian was 25% at fault for not paying attention to the traffic signal. In this case, the pedestrian can still receive compensation for their injuries, but the amount will be reduced by 25%.
How Does Comparative Negligence Affect Personal Injury Cases?
Comparative negligence can have a significant impact on personal injury cases, particularly when it comes to determining fault and calculating compensation.
In personal injury cases, the court will consider various factors to determine the degree of fault for each party involved. These factors may include:
- The actions of each party leading up to the accident
- The extent of each party’s injuries
- The degree of negligence or recklessness exhibited by each party
If the injured party is found to be partially at fault, the court will reduce the compensation they receive by the percentage of fault they contributed to the accident.
For example, if the injured party was awarded $100,000 in damages but was found to be 25% at fault for the accident, their compensation would be reduced by $25,000, and they would receive $75,000 in total.
How Can a Philadelphia Personal Injury Lawyer Help?
A Philadelphia personal injury attorney can help you navigate the complexities of comparative negligence in your personal injury case. They can help you gather evidence to prove the other party’s fault and minimize your own fault to maximize your compensation.
Additionally, a personal injury lawyer can negotiate with insurance companies and the other party’s legal team to reach a fair settlement that considers the degree of fault for each party involved.
If your case goes to trial, a personal injury lawyer can represent you in court and argue on your behalf to secure the compensation you deserve.
Comparative negligence is an important legal concept to understand in personal injury cases. If you are seeking compensation for your injuries, it’s essential to work with Philadelphia personal injury lawyers who can help you navigate this concept and protect your rights. Our law firm has attorneys that can help you with this situation. With the help of a personal injury attorney, you can build a strong case that proves the other party’s fault and minimizes your own fault to maximize your compensation. Contact a Philadelphia personal injury lawyer today to get started on your case.