Personal injury law can be tricky, especially when determining who’s at fault. Comparative negligence is key to deciding how much each person is to blame in an accident. In this post, a St. Louis personal injury attorney explains comparative negligence, how fault is decided, and how it affects compensation.
What Is Comparative Negligence?
Comparative negligence is used in many states to split fault between multiple parties in an accident. Unlike contributory negligence, which stops plaintiffs from getting any money if they’re even a little at fault, comparative negligence lets plaintiffs get some money even if they’re partly to blame. However, the amount they get is reduced by how much they’re at fault. This approach tries to ensure damages are split fairly based on what each person did.
Types Of Comparative Negligence
There are two primary types of comparative negligence: pure comparative negligence and modified comparative negligence.
Pure Comparative Negligence
In jurisdictions that follow pure comparative negligence, plaintiffs can recover damages regardless of their level of fault.
Modified Comparative Negligence
This is more common and has two versions. The “50% Bar Rule” stops plaintiffs from getting money if they’re 50% or more at fault. The “51% Bar Rule” lets plaintiffs get money only if they’re less than 51% at fault.
Determining Fault
You need to look closely at what happened to decide who’s at fault in personal injury cases using comparative negligence. This often starts with getting stories from people who saw the accident, which can help explain what led to it. Police reports are also important because they give an official account, including any tickets given to people involved. Also, expert witnesses like accident specialists play a big role by looking at physical evidence, such as skid marks or car damage, to give professional opinions on what caused the crash.
Physical evidence is also key in deciding fault. Photos and videos can show the accident scene, while recorded data (like traffic light timing) can show if someone followed traffic laws. By looking at all these things together, lawyers can clearly understand what happened and determine how much each person is to blame. This helps ensure fair compensation based on comparative negligence rules.
The Impact On Compensation
Once fault is decided, the next step is determining compensation based on how much each person is to blame.
Reduction Of Damages
The plaintiff’s fault percentage cuts their total damages. For instance, if damages are $100,000 and the plaintiff is 30% at fault, they’d get $70,000.
Threshold For Recovery
In modified comparative negligence states, plaintiffs can’t get damages if their fault exceeds the limit (50% or 51%). This can greatly affect their compensation, showing why it’s important to determine fault correctly.
Legal Representation And Comparative Negligence
Handling a personal injury case with comparative negligence can be tricky, so having a good lawyer is smart. An experienced injury lawyer can help collect proof, talk to experts, and build a strong case. This can help lower how much the plaintiff is blamed and increase their possible compensation. Having a lawyer is especially important in modified comparative negligence states, where crossing the fault limit can mean losing everything.
Conclusion
Understanding comparative negligence is crucial if you’re in a personal injury case. As the St. Louis injury lawyer explains, this legal idea decides who’s at fault and greatly affects the plaintiff’s compensation. People can better handle their legal situation by knowing about pure and modified comparative negligence. With help from a good lawyer, getting fault right ensures people get fair pay for their injuries and losses.
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