October 8, 2024
Understanding Comparative Negligence: Can You Still Recover Damages If You’re Partly at Fault?
When it comes to personal injury claims, one of the most common concerns is whether an injured party can still recover damages if they were partly responsible for the accident. The legal doctrine known as “comparative negligence” plays a key role in determining how much compensation you may be entitled to in such cases. If you’ve suffered an injury but are worried about being partly at fault, a personal injury lawyer Del Mar can help navigate these complexities to ensure you get the compensation you deserve.
What Is Comparative Negligence?
Comparative negligence is a legal concept that enables individuals to seek compensation in a personal injury case, even if they bear partial responsibility for the incident. Unlike in cases of contributory negligence—where being even 1% at fault could bar you from recovering damages—comparative negligence allocates damages based on each party’s level of fault.
There are two key types of comparative negligence: pure comparative negligence and modified comparative negligence. Understanding the difference between the two can be crucial when assessing your case with a personal injury lawyer Del Mar.
Pure Comparative Negligence: In states that follow pure comparative negligence, you can recover damages no matter how much you are at fault. However, your compensation will be decreased according to your degree of fault. For example, if you are found to be 30% at fault, you can still recover 70% of the total compensation.
Modified Comparative Negligence: Most states adhere to the modified version of comparative negligence, which allows you to recover damages only if you are less than 50% or 51% at fault (depending on the state). If your level of fault exceeds this threshold, you may be barred from recovering any compensation. A personal injury lawyer Del Mar can explain which standard applies in your state and how it might impact your case.
Can You Still Recover Damages?
In cases where both parties share fault, the answer is often yes—you can still recover damages, though the amount will depend on your degree of responsibility. For example, if you were injured in a car accident but were partially responsible due to speeding, a court may find you 20% at fault. This means you would only be entitled to 80% of the compensation that would have been awarded if the other party was solely at fault.
Even under modified comparative negligence, if you are less than 50% or 51% responsible, you could still recover a portion of your damages. However, in these situations, it’s crucial to have an experienced personal injury lawyer Del Mar on your side, as establishing fault can be quite subjective, and insurance companies may try to exaggerate your level of liability to reduce their payouts.
How a Personal Injury Lawyer Del Mar Can Help
Proving fault and negotiating damages in a comparative negligence case can be complex. A personal injury lawyer will conduct a thorough investigation of the accident, gather evidence, and work with experts to assess liability. By building a strong case, your lawyer can help minimize your share of the fault, maximizing the compensation you’re entitled to receive.
Additionally, a lawyer can negotiate with insurance companies on your behalf, ensuring they don’t unfairly assign blame or offer a lowball settlement. Comparative negligence cases often end in settlements, and having skilled legal representation increases the chances of obtaining a fair and favorable outcome.
Comparative negligence enables accident victims to obtain compensation, even if they bear some responsibility for their injuries. Whether your state follows pure or modified comparative negligence, the amount of compensation you can receive will be reduced by your percentage of fault. Consulting with a personal injury lawyer Del Mar can make a significant difference in the outcome of your case by ensuring that fault is fairly assessed and that you receive the compensation you deserve.
Don’t let fear of being partially at fault stop you from pursuing the compensation you deserve Contact Injury Trial Lawyers today for an initial consultation!