When pursuing a personal injury claim, one of the key legal principles that may come into play is comparative negligence. Comparative negligence is used in many states, to allocate fault between the parties involved in an accident. Essentially, it acknowledges that more than one person can be responsible for an injury and that the amount of compensation a victim receives may be reduced based on their own level of fault. Understanding how comparative negligence works, and how it can affect your compensation, is essential for anyone involved in a personal injury claim.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine that allows the jury to determine how much fault each party bears in an accident. Under this system, each party’s percentage of fault is calculated, and this percentage affects the amount of compensation the injured party can recover. For example, if you were involved in a car accident and the jury determines that you were 20% at fault for the accident, your total compensation would be reduced by 20%. So, if your total damages were $100,000, you would be entitled to recover $80,000 after the reduction for your share of fault.
There are two primary forms of comparative negligence: pure comparative negligence and modified comparative negligence. Texas follows the modified comparative negligence rule, also known as the 51% bar rule, meaning that if you are found to be 51% or more at fault, you are barred from recovering any compensation at all. However, if you are 50% or less at fault, you can still recover compensation, but it will be reduced by your percentage of fault.
How Comparative Negligence Affects Different Types of Personal Injury Claims
Comparative negligence can impact a variety of personal injury claims, from car accidents to slip-and-fall incidents to workplace accidents. For instance, in a car accident case, if both drivers were speeding or one driver failed to use a turn signal while the other was texting, fault could be shared between the drivers. In a slip-and-fall case, the property owner may argue that the injured person wasn’t paying attention to their surroundings, thus contributing to their own injury. The same principle applies in workplace accidents, where an employer may claim that an employee’s carelessness contributed to the accident.
In these scenarios, the comparative negligence rule ensures that both parties’ actions are considered when determining liability and compensation. However, the at-fault party’s insurance company will often try to increase your percentage of fault to minimize the amount they have to pay. This makes it critical to have a skilled personal injury attorney who can present strong evidence in your favor, challenge claims of shared responsibility, and protect your rights during negotiations or in court.
Proving Fault in Comparative Negligence Cases
Proving fault in personal injury cases where comparative negligence is involved can be complex. To minimize your level of fault, it’s important to present strong evidence showing that the other party was primarily responsible for the accident. This could include eyewitness testimony, surveillance footage, photographs of the scene, and expert analysis from professionals like accident reconstruction specialists. Additionally, medical records that document the severity of your injuries and the circumstances surrounding the accident can be critical in supporting your claim.
Your attorney will work closely with you to gather the necessary evidence and build a compelling case that minimizes your degree of fault. This is essential because even a slight increase in your assigned percentage of fault can drastically reduce the compensation you receive. For example, being found 40% at fault instead of 30% in a case where your total damages amount to $100,000 could result in losing $10,000 in compensation. This underscores the importance of a strategic legal approach to fighting back against claims that you bear significant responsibility for your injuries.
How Comparative Negligence Impacts Settlement Negotiations
Comparative negligence doesn’t just affect the outcome of a trial—it can also play a significant role in settlement negotiations. Insurance companies will often argue that you share some or all of the blame for your accident, and they may offer a reduced settlement based on their assessment of your level of fault. An experienced attorney can help you negotiate with insurance companies, countering any unfair claims of negligence and advocating for a fair settlement that accurately reflects the other party’s responsibility.
If the insurance company offers a settlement that takes into account a higher percentage of fault than you believe is reasonable, you have the option of going to trial. However, trials can be time-consuming and uncertain, so it’s important to weigh the pros and cons of accepting a settlement versus pursuing litigation. Your attorney can help you make an informed decision based on the evidence, the settlement offer, and your likelihood of success at trial.
Why You Need an Attorney in Comparative Negligence Cases
Given the complexity of comparative negligence cases and the high stakes involved, having an experienced personal injury attorney is crucial to ensuring that you receive the maximum compensation possible. Your attorney will not only gather evidence and negotiate with insurance companies but also represent you in court if necessary. They will work to reduce your percentage of fault, increase the other party’s liability, and secure compensation for your medical bills, lost wages, pain and suffering, and other damages.
At Spagnoletti Law Firm, we understand the nuances of comparative negligence and how it can impact your personal injury case. If you’ve been injured in an accident and are concerned about how comparative negligence might affect your case, contact us today for a consultation. We’ll guide you through the legal process and fight to ensure you receive the compensation you deserve. Please contact us online or call 713-804-9306 or to learn more about your legal rights.