In personal injury lawsuits, determining the right amount of compensation is easier said than done as each case is different. For example, you can't treat a car accident with a few bruises the same way as the one resulting in a permanent disability. It's even more difficult to estimate damages when comparative negligence is involved.
Comparative negligence affects the extent of each person’s liability when multiple parties share responsibility for an incident. It refers to the degree of fault and the subsequent allocation of damages for each party.
Unlike contributory negligence, which bars recovery if the injured party is found even slightly at fault, it allows you to recover damages proportionate to the fault. However, these are tricky waters.
Pennsylvania follows the 51% model. As long as you are under 51% fault, you can seek damages for your personal injury.
As a result, you need to understand what comparative negligence means before filing a claim. It will help you make an informed decision.
Understanding Comparative Negligence
As the name suggests, comparative negligence means deciding your compensation based on who was responsible for how much damage. This model can be used to allow for a fair allocation of damages. Your personal injury lawyer will try to prove who was liable for your injuries and to what extent.
How Comparative Negligence Affects Personal Injury Cases
As this system determines how much who is at fault, it can significantly impact the outcome of your case. Here’s how it will affect your claim.
#1. Allocation of Fault: The first step in comparative negligence involves evaluating and assigning a percentage of fault to each party. The court will consider evidence, witness testimonies, and expert opinions from professionals to determine the extent of fault. Your personal injury lawyer will play a critical role in helping the court decide who is at fault and how much.
#2. Impact on Compensation: Once the court evaluates and assigns fault, it will adjust the compensation accordingly. This approach ensures a fair and proportionate distribution of financial responsibility.
Each case is unique. So, this outcome will vary depending on the circumstances of your claim. Let's consider a
personal injury case involving a car crash where one driver is speeding, but the other runs a red light. The court may assign 30% fault to the one speeding and 70% to the one who ran the red light.
This is a complex process. That’s why it’s necessary to hire a competent
personal injury attorney as soon as possible. They can help you understand what you can do and how you can maximize your compensation.
Benefits of Comparative Negligence
Although complex, the comparative negligence system has benefits of its own. These include:
#1. Fairness in Determining Liability: One of the main benefits of comparative negligence is its commitment to fairness. Evaluating and assigning a percentage of fault to each party ensures that liability is proportionate to each individual’s contributions. This approach acknowledges the complexities of real-life situations. It also prevents undue harsh outcomes that might result from a rigid, all-or-nothing perspective. Sometimes, people feel more comfortable receiving what they can over risking getting nothing.
#2. Encouraging Settlement: Comparative negligence can be an excellent catalyst for settlement negotiations. The defendants might be more willing to settle, knowing that the final compensation will depend on the degree of fault assigned. It encourages a quicker and more satisfying solution.
#3. Flexibility in Assigning Fault: Comparative negligence provides the legal system with flexibility in assigning fault. Instead of employing a binary approach where one party is entirely at fault and the other is completely blameless, this system allows a mindful evaluation of each party's actions. This flexibility promotes a more accurate reflection of the circumstances surrounding an incident. That, in turn, can contribute to a fair and just legal outcome. In a courtroom, this can keep things rational when it can easily flip on a dime for or against you.
Challenges and Considerations of Comparative Negligence
While comparative negligence helps you determine damages proportionately, this system isn’t all roses. There are a few challenges you will need to consider.
#1. Inherent Complexity: One significant challenge in applying comparative negligence is its inherent complexity. It's often hard to determine fault percentages accurately, and there is a lot of arguing involved. This process requires a thorough examination of evidence, witness testimonies, and expert opinions from professionals.
#2. Variations in State Laws: Another challenge is the lack of uniformity in state laws concerning comparative negligence. Different jurisdictions may adopt either pure or modified comparative negligence. Plus, the thresholds for recovery may vary. Understanding these variations is necessary to pursue your claim. That's why hiring a personal injury attorney is necessary.
#3. Potential Impact: It can influence the dynamics of settlement negotiations and trial outcomes. It can lead to uncertainties in settlement discussions. Additionally, the potential for a court to assign fault percentages may cause parties to contest liability. That, in turn, can affect the duration and complexity of legal proceedings.
Practical Tips for Dealing with Comparative Negligence
Knowing how this system works can help you make an informed decision. But there’s more to it than simply knowing the facts. You also need to:
#1. Document Evidence: Thorough documentation is crucial in cases involving comparative negligence. Collect and preserve evidence, including photographs, witness statements, and relevant documents like medical reports. Evidence will help support your version of events. Also, provide a detailed account of the incident to the personal injury attorney. It helps them prepare a strong case.
#2. Find a Good Personal Injury Lawyer: Hire an experienced personal injury attorney as soon as possible. A skilled attorney can navigate the complexities of the legal system. They can assess the strength of your case and advocate on your behalf. They are experienced professionals in negotiating settlements and presenting compelling arguments in court. It can greatly impact the outcome of your case.
#3. Understanding Your Rights: Each jurisdiction may have distinct rules for comparative negligence. Make sure you understand the rules in your state. This will help you understand your rights as a victim. If you have any doubts, talk to your personal injury attorney for clarification.
Consult a Personal Injury Lawyer Immediately
Comparative negligence can be complicated for some people. However, when seeking compensation for your injuries, especially in a state like Pennsylvania, you will need to understand what it means and how it works. This legal system demands a strategic approach. You will need to document evidence, understand jurisdiction-specific laws, and hire a skilled lawyer immediately.
Are you filing a personal injury case in Pennsylvania? Our skilled and experienced attorneys at Lermitte & Lubin, LLC are here to help. Contact us today for a consultation.