In the realm of personal injury law, the concept of comparative negligence plays a significant role in determining liability and compensation for injured parties. At The Kalos, we recognize the importance of understanding comparative negligence and its impact on personal injury cases. In this blog post, we’ll explore the role of comparative negligence and how it can influence the outcome of a personal injury case.
Comparative negligence is a legal principle used to assign fault and allocate damages in cases where both the plaintiff (injured party) and the defendant (alleged at-fault party) share responsibility for the accident or injury. Under comparative negligence rules, the court assesses the degree of fault of each party involved and adjusts the final compensation accordingly.
There are two main types of comparative negligence systems:
- Pure Comparative Negligence:
- In states that follow the pure comparative negligence rule, injured parties can recover damages even if they are mostly at fault for the accident. However, the amount of compensation awarded is reduced in proportion to the plaintiff’s degree of fault. For example, if a plaintiff is found to be 80% at fault for an accident, they may still recover 20% of the total damages awarded.
- Modified Comparative Negligence:
- Under the modified comparative negligence rule, injured parties can only recover damages if their degree of fault falls below a certain threshold, typically 50% or 51%. If the plaintiff’s degree of fault exceeds the threshold, they are barred from recovering any compensation. If the plaintiff’s fault is equal to or less than the threshold, their recovery is reduced by their percentage of fault.
The role of comparative negligence in personal injury cases can significantly impact the outcome of a lawsuit and the amount of compensation awarded to the injured party. It underscores the importance of thoroughly investigating the circumstances surrounding the accident and accurately assessing each party’s level of responsibility.
At The Kalos, we understand the complexities of comparative negligence and how it applies to personal injury cases. Our experienced attorneys work diligently to build strong cases on behalf of our clients, taking into account all relevant factors, including comparative fault, to maximize their recovery.
If you’ve been injured due to the negligence of another party, it’s essential to seek legal guidance from a knowledgeable personal injury attorney who can navigate the complexities of comparative negligence laws and advocate for your rights. Contact The Kalos today for a free accident related resources to discuss your case and explore your legal options.