If you suffer an injury because of an accident, you might be looking to file a personal injury case. Before you submit documents, your attorney will provide you with information regarding the arguments the defendant might give you. They might claim you are partially or wholly at fault; knowing the degrees of negligence enables you to prepare for situations such as these.
Comparative and Contributive Negligence
Many states adhere to a comparative negligence law when it comes to resolving personal injury cases. This calculates damages using a formula that determines your and the defendant’s degree of fault that led to the injury and/or accident. If you get into a vehicle accident and the police reports and insurance investigations concluded that you are 25% at fault, you only get 75% of the compensation. If damages total $30,000 you only get $22,500. However, not all states abide by this rule; some follow a pure comparative negligence rule, while others adhere to a modified version of it. In the latter system, an injured person only receives compensation and damages, if they are 50% or less at fault.
On the other hand, contributory negligence is more black and white when it comes to personal injury cases. When an investigation reveals that you are partially at fault that led to an accident and injuries, you will receive no compensation whatsoever. Bernripka.com shares that a personal injury lawyer can help you navigate the complexities of the law and walk you through the process of filing and building a strong case.
Assumption of Risk
In some situations, defendants may argue that you assumed the risk of injury by participating in a dangerous or high-risk activity. The harm must relate to the risk inherent in the said activity.
Both parties must prove negligence before you or the defendant builds or defends against a personal injury case. Knowing the different situations allows you to prepare before filing.
