The biggest tension after a car accident or slip and fall accident is how much settlement will be received and how?
This is where a personal injury lawyer or an experienced injury attorney makes a difference for you.
One thing that confuses everyone after an accident is comparative negligence.
Its simple meaning is if both parties make some mistake in the accident, then the settlement will also be divided accordingly.
This is the reason why every injured person should hire a skilled personal injury attorney, who will make your case strong with evidence and maximize your settlement in front of the insurance company.
What is Comparative Negligence?
Comparative negligence is a legal principle that is used in accident cases.
If you are injured in an accident and the driver in front of you was not 100% at fault, the court decides how much percentage of fault is on which side.
For example if you are injured in a car accident and the driver in front of you is 80% at fault and you are 20% at fault, then whatever total damages are calculated, you will only get 80% settlement.
This is why an injury lawyer is important to you.
Also Read:
Types of Comparative Negligence Rules
Every state has its own rule, and a personal injury attorney always explains to the client which rule will apply.
Pure Comparative Negligence: Even if you are 90% at fault, you can still recover 10% of damages.
Modified Comparative Negligence: There are two versions of this the 50% rule and the 51% rule. If your fault is greater than this threshold, you will not receive a settlement.
An injury attorney or injury lawyer works to ensure that your case receives maximum recovery and that you are not unfairly given more fault.
How Comparative Negligence Impacts Settlement
Insurance companies always try to increase your percentage of fault so they can pay less in settlement.
That is why it is the job of a personal injury lawyer to convince insurance adjusters with strong evidence.
Example, If the damages in an accident are $100,000 and you are found to be 30% at fault, you will only get $70,000.
This is the difference a skilled injury lawyer makes.
Also Read:
Why You Need a Personal Injury Attorney
A personal injury attorney is not just there to file papers.
His real job is to give you legal protection, protect you from the unfair tactics of the insurance company and represent you in court.
After the accident, you are confused about how to present what, which thing to say and which thing to avoid.
If you talk directly to the insurance company’s adjuster, then he will use your words against you.
That is why it is important to have an injury attorney or personal injury lawyer.
Role of an Injury Lawyer in Court
The job of an injury lawyer or injury attorney in court is to create a complete case strategy for you.
He calls in accident reconstruction experts, highlights medical reports, and presents eyewitness testimony.
Convincing the judge and jury in comparative negligence cases is not easy.
Also Read:
Mistakes to Avoid in Comparative Negligence Cases
Many people make a big mistake immediately after an accident they openly admit that they may have been at fault as well.
This is what the insurance company immediately uses to increase the fault percentage.
A personal injury attorney always advises not to accept anything without legal consultation.
Another common mistake is posting about the accident on social media.
If you say “I’m fine now” or post a photo in which you are seen active, the insurance company will say that the injury was not serious.
This is why an injury lawyer guides you from the very first day on how to behave and what things to avoid.
How a Personal Injury Lawyer Maximizes Settlement
A professional personal injury attorney first collects the complete record of the accident medical bills, doctor’s notes, police report, CCTV footage and witness statements.
All these documents are kept in front of the insurance company.
Apart from this, he also attaches the opinion of accident reconstruction experts and medical experts.
If the insurance company is not fair in negotiation, then an injury attorney case is taken to trial.
This is how it maximizes settlement and gives you the compensation you deserve.
Also Read:
Real Life Example
Suppose there was an accident in which total damages were calculated to be $200,000.
The insurance company claims that the injured person was 40% at fault. Meaning they will get only $120,000.
But a personal injury lawyer showed CCTV footage and witness statement that the actual fault was only 10%.
Result settlement was reduced to $180,000.
This is proof of how important the role of a skilled injury lawyer is in comparative negligence cases.
Also Read:
Conclusion
Comparative negligence is a complex legal principle that directly impacts your settlement amount.
If you are an accident victim, it is risky to handle your case on your own because the insurance company can artificially exclude your percentage of fault.
These lawyers collect evidence, negotiate, and present your case in court.
Ultimately, an injury lawyer ensures that you receive the maximum settlement and that you are able to protect your rights.
FAQS-
Q1. What is comparative negligence in personal injury cases?
Comparative negligence is a legal principle that considers both parties at fault in an accident. If you are an accident victim and you are found to be at some percentage of fault, your settlement amount is that much less. This is why it is important to hire a personal injury lawyer.
Q2. How does comparative negligence affect my settlement?
If your damages are $100,000 and you are found to be 30% at fault, you will only receive $70,000. But a skilled injury attorney can maximize the settlement by minimizing your percentage of fault.
Q3. Do I need to hire a personal injury attorney for a comparative negligence case?
Yes, because insurance companies always try to make you look more at fault. An injury lawyer increases your settlement by collecting evidence and negotiating.
Q4. If I am found to be 50% at fault, will I get a settlement?
This depends on state law. Some states follow the 50% rule and some follow the 51% rule. Therefore, you should consult an experienced personal injury attorney who can explain the exact rule to you.
Q5. What is the role of a personal injury lawyer in comparative negligence cases?
An injury attorney collects medical records, accident reports, witness statements and expert opinions and presents them before the court and the insurance company. Its main goal is to ensure that you get maximum compensation.