When it comes to personal injury cases, understanding the legal concept of comparative fault is crucial. Our friends at Kiefer & Kiefer can attest that this principle plays a significant role in determining liability and compensation in such cases. Learn about these key tips about comparative fault if you are interested in filing a car accident claim.
What Is Comparative Fault?
Comparative fault, also known as comparative negligence, is a legal doctrine that comes into play when multiple parties share responsibility for an accident or injury. Under this system, accidents are not usually the fault of one person, but are attributed to multiple parties. In essence, it allows for a fair distribution of responsibility based on the level of fault each party bears.
How Comparative Fault Works
In cases involving comparative fault, the court examines the actions and behaviors of all parties involved to determine their respective degrees of fault. Parties are given a certain percentage of responsibility for their role in the accident. For example, if you were involved in a car accident and found to be 20% at fault, while the other driver was 80% at fault, your compensation would be reduced by your share of responsibility.
Different Types Of Comparative Fault Systems
In various states, comparative fault systems are used, with the primary types being pure comparative fault and modified comparative fault. In pure comparative fault states, individuals can seek damages even if they bear significant responsibility for an accident, with their compensation being proportionally reduced based on their degree of fault; for example, if they are 80% at fault, they can still claim 20% of the damages. However, in states with modified comparative fault systems, restrictions are usually put in place. Typically, if a person is found to be 50% or more at fault for an accident, they may not be eligible to recover damages, and in states with a 51% bar rule, compensation can only be sought if their fault is 50% or less.
The Importance Of Legal Representation
Navigating a personal injury claim involving comparative fault can be complex. This is how hiring a car accident lawyer who specializes in car accidents is valuable. Their expertise allows them to build a strong case on your behalf, accurately assessing your level of fault and pursuing the maximum compensation you deserve.
Connect With A Lawyer
Understanding comparative fault is crucial when dealing with personal injury claims, especially in the context of car accidents. A seasoned car accident lawyer can guide you through the intricacies of comparative fault and help you navigate the legal process effectively. Remember that each state may have different rules and regulations regarding comparative fault. Contact a skilled lawyer near you if you have suffered injuries in a recent car accident and would like to know how you can recover compensation.