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Understanding Comparative Negligence in Personal Injury Claims

Accidents are very common in the whole world and initially, it is very difficult to establish who is at fault. In most cases, usually, both parties are at fault to some degree. And in cases like these, there is a legal term called comparative negligence where legal professionals would deal with this kind of cases. 

People would usually look into a personal injury lawyer if they were experiencing a comparative negligence. But before that, it is highly crucial to have some knowledge about this concept of comparative negligence. Let us look into it.

What Exactly is A Comparative Negligence?

Comparative negligence is a term for a legal procedure that involves the assessment of the damage that is done by both parties. And then it will inform about the faults of both parties depending upon the degree of ignorance. Comparative negligence works by lowering the amount of compensation depending on the degree of ignorance of that party. 

For instance, if a party is facing a little damage but they have done greater damage to the opposite party because of ignorance, then the amount of compensation they will receive will be reduced accordingly. If there is a person busy on his phone while crossing a road and got hit by a car because he was not looking around and was busy using his phone. If the driver of the car was also using his phone and checking a map on it, then the court will assign 50% fault to both parties.

Comparative Negligence & Contributory Negligence

Comparative negligence and contributory negligence are legal terms for legal procedures and they deal with personal injury cases to determine the faults. Comparative negligence is more lenient as it provides compensation to recover even if that party is partially to be blamed for the accident. 

But on the other hand, contributory negligence is very direct in punishment. If a party is at fault, they will not be eligible to receive any compensation at all for their loss. Comparative negligence came into the light to compensate for the loss of the victims of both parties. It was because of the strict nature of contributory negligence which never allows partial victims to get the recovery. 

Impact of Comparative Negligence on the Victims of Accidents

As we know that in comparative negligence, there are divisions of faults. There is also a reduction of compensation by up to 50%. This can frustrate a victim and can reduce the recovery time of an injured victim as well. There is a reduction in compensation even if the other party has a greater share of fault and negligence. 

But comparative negligence gives some benefits to a victim as well. For Instance, in the process of contributory negligence, there is no recovery or compensation for the victims who are partially at fault. But under comparative negligence, victims can receive partial compensation.

How to Deal with Comparative Negligence?

If you or your loved one is experiencing an incident that involves comparative negligence, then you need to educate yourself about comparative negligence, its rules, and how it works. Following are some tips to get maximum compensation in cases like these:

Get the Medical Attention

Do not forget to get medical treatment as early as possible. Do not worry about the accident or if you are partially at fault or not. If you would delay the treatment, it will only harm your injuries and your case. So don’t just sit back and get yourself treated as soon as you can.

Collect All the Evidence

This step is very important. Do it right and do it quickly. Try to collect evidence from all the sections. Collect photos and witness reports. Try to collect any videos related to the accident so that it will be easier to assess the case. Get your hand on police reports if you can. That would be very helpful. This will clear the level of faults. 

Involve A Legal Professional

You need to consider a legal professional’s help. They are well-trained and experienced in this field and they can help you understand the complexities of the legal process. A legal professional can help you understand the weak and strong sides of your case and how can you strengthen it more. 

Your lawyer will help you to get enough compensation from insurance companies by using some legal tactics. So, you don’t need to feel stressed all alone. Just get some help from a legal professional like a lawyer. And they will help you with all of the complexities in the case. 

Be Honest and Truthful

It is an important point that is mostly neglected by the victims of personal injury cases in comparative negligence. Remember to tell only the truth. It will be very helpful for you, believe me. If you will show that you have dignity and you speak the truth and are an honest person, then the court will see that the person is reliable. 

This can make you look better in the eyes of insurance companies as well as the court. If you are not truthful and transparent about your fault, and trying to hide the truth then you will put yourself in danger. You can lose your compensation for all this. So, don’t forget to stay truthful and keep your dignity in front of the court. 

If any of your loved ones are experiencing comparative negligence, then just try to educate them about their rights in this type of case and get a professional’s help to be successful in this regard. We wish you the best of luck.