What is Comparative Negligence?
One key aspect that often comes up in personal injury claims is the idea of comparative negligence. This concept means that the amount of compensation you can receive for your injuries can be reduced if you are found to be partially at fault for the accident. Let’s say you’re in a car accident, and the other driver was speeding, but you were texting at the time. In a case like this, the court might decide that you were 30% at fault for the accident, which would reduce your compensation by that same percentage.
What Is the 50 Percent Rule in Comparative Negligence? How Comparative Negligence Affects Your Accident Settlement
The most important thing to know about comparative negligence is that it doesn’t automatically disqualify you from compensation. Even if you’re partially at fault, you can still recover damages, but the percentage of fault will be factored into the total settlement. For example, if you’re awarded $100,000 in damages but found to be 20% at fault, you’d receive $80,000.
How Can a Lawyer Help Fight Comparative Negligence Restrictions?
A lawyer can play a crucial role in fighting comparative negligence limitations in a personal injury case, particularly if you’re found partially at fault for the accident. In Colorado, like many states, comparative negligence means your compensation may be reduced based on your percentage of fault. However, a lawyer can help in several ways to minimize this impact:
Challenge Fault Allocation: Your lawyer can argue that the other party was more at fault than you, or that you weren’t as responsible for the accident as the insurance company claims. By gathering evidence (such as witness statements, expert testimony, or accident reconstruction reports), they can challenge the percentage of fault attributed to you.
- Negotiate a Fair Settlement: Lawyers are skilled negotiators who can work with the insurance company to ensure they are not unfairly applying comparative negligence principles to reduce your compensation. They can present strong arguments and evidence to show that the insurer’s assessment of fault is inaccurate.
- Dispute Fault in Court: If your case goes to trial, your lawyer can advocate for you by presenting a compelling case to the jury or judge, arguing that the other party’s actions were more significant in causing the accident or that your fault is minimal. This could result in a more favorable outcome.
- Maximize Compensation: A lawyer can ensure that your damages are properly calculated, including not just immediate medical costs, but future medical expenses, pain and suffering, lost wages, and other losses. This can help offset any reduction due to comparative negligence.
- Present Mitigating Factors: A lawyer can highlight any factors that could lessen your responsibility, such as road conditions, the behavior of other drivers, or failure by the other party to take proper precautions. These could help reduce the fault assigned to you.
The job of a good personal injury lawyer is to do all they can to secure you a fair settlement and this often includes fighting the limitations of comparative negligence by presenting strong evidence, negotiating effectively with insurers, and representing you in court.
Speak with a Personal Injury Lawyer Near You in Colorado
If you have been injured in an accident, it is worth it to speak with an experienced personal injury lawyer, even if you are partially at fault. They will be able to fully assess your circumstances and give you legal guidance about the best way to proceed for the most favorable outcome.