In any personal injury case, the determination of fault can have a significant impact on the outcome of the case and the compensation received by the injured party. The concept of comparative fault recognizes that fault in a personal injury case can be shared between multiple parties and seeks to apportion responsibility for the injury based on the degree of fault of each party. In this blog, we will explore the impact of comparative fault on personal injury claims and settlements.
Definition of comparative fault
Comparative fault refers to a legal doctrine that assigns responsibility for an injury based on the degree of fault of each party involved. This means that even if the injured party is partially at fault for the injury, they can still recover compensation for their damages, but the amount they receive may be reduced based on their own degree of fault.
Overview of personal injury claims and settlements
Personal injury claims are legal actions brought by an individual who has suffered harm as a result of the negligence or intentional conduct of another party. The goal of a personal injury claim is to recover compensation for the damages suffered by the injured party, including medical expenses, lost wages, and pain and suffering. In many cases, personal injury claims are settled out of court through negotiations between the parties, rather than being decided by a judge or jury.
How comparative fault affects personal injury claims
Determining fault in personal injury cases
In a personal injury case, fault is determined based on the legal principles of negligence. Negligence occurs when a party has a duty to exercise reasonable care and fails to do so, resulting in harm to another party. In a comparative fault case, the degree of fault of each party is evaluated and used to apportion responsibility for the injury.
Impact of comparative fault on compensation
The impact of comparative fault on compensation in a personal injury case can vary depending on the state in which the case is brought. In some states, a party who is partially at fault for their own injury may still recover compensation, but the amount they receive may be reduced based on their own degree of fault. In other states, a party who is found to be partially at fault may be prevented from recovering any compensation at all.
States with comparative fault laws
Contributory fault states
In contributory fault states, an injured party who is found to be partially at fault for their own injury may still recover compensation, but the amount they receive will be reduced based on their own degree of fault. For example, if an injured party is found to be 25% at fault for their own injury, they will receive 75% of the compensation they would have received if they were not at fault.
Pure comparative fault states
In pure comparative fault states, an injured party can recover compensation even if they are found to be 99% at fault for their own injury. In these states, the compensation received will be reduced by the percentage of fault assigned to the injured party.
Determining comparative fault in personal injury cases
Evidence and proof required
In order to determine comparative fault in a personal injury case, it is important to gather and present evidence that supports the allocation of fault. This may include witness testimony, medical records, and other forms of evidence that demonstrate the degree of fault of each party.
Role of expert witnesses
In complex personal injury cases, the use of expert witnesses can be crucial in determining comparative fault. Expert witnesses can provide testimony and analysis on the cause of the injury and the degree of fault of each party, helping to support the allocation of fault in the case.
Impact of comparative fault on settlements
Negotiating settlements in comparative fault cases
In personal injury cases, settlements are often reached through negotiations between the parties, rather than a court decision. In comparative fault cases, the allocation of fault can have a significant impact on the negotiations and the outcome of the settlement.
Factors that influence settlements in comparative fault cases
The factors that influence settlements in comparative fault cases can include the strength of the evidence, the liability insurance coverage of the parties involved, and the degree of fault assigned to each party. The role of a skilled personal injury lawyer can be crucial in ensuring a favorable outcome in comparative fault settlements.
The determination of comparative fault in a personal injury case can have a significant impact on the compensation received by the injured party. It is important to work with a personal injury lawyer who is knowledgeable about comparative fault laws and can help navigate the complexities of these types of cases. The Farris, Riley & Pitt, LLP is a leader in personal injury law and has a proven track record of success in representing clients in comparative fault cases. If you have been injured and need the help of a skilled personal injury lawyer, contact the Farris, Riley & Pitt, LLP today.
