Personal injury claims are not always clear-cut. A car accident may involve questions about whether you were partially at fault, for example, or a slip-and-fall accident could raise questions about whether you failed to notice something obvious that would have prevented the incident. Learn about the concept of comparative fault and how it influences the outcome of a personal injury case to determine if it’s applicable to your situation.
Comparative fault is a key factor in personal injury cases that can significantly impact your ability to recover damages. By understanding how the laws associated with comparative fault work, you can pursue your legal claim more effectively. Learn everything you need to know about the implications of comparative fault and how it will inevitably affect your lawsuit.
What is Comparative Fault?
For those unfamiliar with the concept, comparative fault is a legal concept that is used to apportion responsibility in personal injury cases. Unlike contributory negligence, which can bar a plaintiff from recovering damages during the personal injury claims process, comparative fault distributes liability proportionately among all parties involved.
If a person is found to be partially responsible for their own injuries, for instance, their compensation will be reduced according to their share of the blame. With comparative fault, there are two main types: pure comparative fault and modified comparative fault. The former is when a plaintiff can recover damages even if they are 99%, though it will be reduced by that percentage of fault, whereas the latter awards damages so long as you are not more than 50% at fault.
How Modified Comparative Fault Works
Some states, such as Oregon, follow a modified comparative fault rule. As mentioned earlier, this means you can recover damages so long as you are not more than 50% at fault for the incident. If your fault exceeds 51%, you will be barred from receiving any form of compensation. The reason this rule is crucial for anyone involved in an accident is that it will directly influence the viability of your lawsuit.
To put it into perspective, take a scenario where you are involved in a car accident and the court deems you to be 40% at fault for the incident and the other driver is 60% at fault. If your total damages amount is $100,000, you would still be eligible to claim $60,000 or 60% of the total, reflecting what the other party’s fault percentage is. If the tables were turned, though, you would receive nothing.
Certain states use a pure comparative fault system, as mentioned previously, by comparison which allows you to still receive some compensation, but it’s a state-by-state decision. Many people often view modified comparative fault to be an excellent middle ground that balances fairness and accountability.
Calculating Damages Under Comparative Fault
When fault is shared during a personal injury case, the damages awarded are reduced in proportion to the plaintiff’s degree of fault. Say you have $100,000 in medical bills, lost wages, and other damages accumulated but you are found to be 20% at fault. Your compensation is then reduced by that amount so you would only receive $80,000. This calculation mirrors the one from earlier, but there is a key distinction: it gets more complicated when multiple parties are involved.
Say three parties share responsibility for the injuries you suffered, with the court deeming you 20% responsible and the other parties both 40% responsible each. Your total recoverable amount would then be based on the combined fault percentages of the other parties which emphasizes the importance of strategic case management and negotiation. Non-economic damages such as pain and suffering will also be subject to reduction as well as economic damages, so understand this in order to set realistic expectations for the outcome of your case.
The Impact of Comparative Fault on Settlement Negotiations
Insurance companies are well aware of the concept of comparative fault and will often use these laws in an effort to reduce the amount they have to pay out. If an insurer believes you are partially to blame for your injuries, they will be less likely to argue that your settlement should reflect this. Due to this, the negotiating process becomes something of a balancing act where you are presenting evidence to minimize your fault percentage while also remaining prepared to counter the insurance company’s arguments.
Plaintiffs and their attorneys need to be equipped with compelling arguments and evidence to challenge claims from insurance. By knowing how insurers operate you can have a strategic edge in these negotiations, as sometimes insurers will use aggressive tactics to push for a lower settlement point. The goal here is that the insurer hopes you as the plaintiff lack the resources or knowledge to contest fault percentages effectively, which is why hiring a lawyer is important.
The Role of Evidence in Establishing Fault Percentages
One of the most effective ways to minimize your assigned fault percentage is to present strong and clear evidence that is irrefutable. Various types of evidence can be used to support your case including medical records, police reports, witness statements, and even expert opinions. The more compelling your evidence is, the better your chances will be for reducing your share of the blame.
To add some context, if a defendant claims that you were partially responsible for a car accident because you were speeding, you could counter with data from your car’s computer that shows your speed. Similarly, in slip-and-fall cases, evidence such as surveillance footage or maintenance records can be used to strengthen your position. Expert testimony should also play a significant role, with accident reconstruction specialists, medical professionals, or engineers being used to explain technical details that may be difficult for a jury to understand.
Develop an effect case with comparative fault
Comparative fault laws can profoundly affect your personal injury claim by influencing everything from settlement negotiations to courtroom strategies themselves. By staying informed on how these laws work and learning how to negotiate with insurance company’s, you will set yourself up for success and maximize your chances of receiving fair compensation.
