Understanding Comparative Negligence in Personal Injury Cases

Comparative Negligence in Personal Injury: What to Know

If you’ve been injured in an accident, you may be wondering how the courts decide on fault and how it affects your ability to get compensation. In many personal injury cases, more than one party may be responsible for the accident—including you. That’s where comparative negligence in personal injury comes into play.

As a personal injury lawyer, I want to help you understand how comparative negligence works and what it might mean for your case.

What Is Comparative Negligence in Personal Injury?

Comparative negligence is a legal rule that decides how much compensation you can receive if you’re partially at fault for an accident.

It doesn’t bar you from recovering money for your injury. Instead, this rule allows you to receive compensation reduced by your percentage of fault.

For example, let’s say you were in a car accident, and the court finds you were 20% at fault because you were speeding. But the other driver was 80% at fault for running a red light.

Your compensation would likely be reduced by 20%. So, if your total damages were $100,000, you would still be eligible to recover $80,000 after the reduction.

Types of Comparative Negligence

Different states follow different versions of comparative negligence laws. Here are the main types:

1. Pure Comparative Negligence

In this type of comparative negligence, even if you’re 99% at fault, you can still recover 1% of your damages. Your compensation is simply reduced by your share of fault. Some states, like California and Florida, follow this system.

2. Modified Comparative Negligence (50% Rule)

Under this rule, you can get compensation only if you are less than 50% at fault. So if you’re found to be 50% or more responsible, you may not recover anything. Many states, including our home state of Tennessee, follow this rule.

3. Modified Comparative Negligence (51% Rule)

This is similar to the 50% rule, but you lose the right to compensation if you’re 51% or more at fault.

How Comparative Negligence Affects Your Personal Injury Case

Insurance Companies Will Try to Reduce Your Claim

There are a lot of ways insurance companies can use comparative negligence in personal injury to their advantage. Most commonly, they’ll try to reduce your claim. If they can shift more blame onto you, they can pay you less. So they may argue that you contributed more to the accident than you actually did.

In addition, since your compensation depends on how much blame is assigned to you, it’s critical to have strong evidence supporting your case. This includes police reports, medical records, witness statements, and expert testimony.

So if the other side is trying to claim you were at fault, you need an experienced personal injury lawyer to challenge their unfair blame and fight for the maximum compensation you deserve.

Contact Me for a Free Consultation

Our award-winning personal injury lawyers deal with comparative negligence every single day. So we know how important it is to prove who was at fault.

We gather evidence, negotiate with insurance companies, and make sure your rights are protected through the process. And we don’t get paid anything unless and until we win your case.

If you’ve been injured in an accident and are worried about how comparative negligence might affect your claim, don’t wait to get legal advice. We’ll review your case at no charge, explain your options, and fight for the compensation you deserve.

Contact me today for a free consultation, and let’s start building your case.