Comparative Negligence and Why Does It Matter?

If you’ve been injured in an accident in Las Vegas or Phoenix, you might assume that fault is straightforward, however it can be complex.  In many situations, fault isn’t solely assigned to one party—both parties might share some degree of responsibility. This concept is known as comparative negligence and it plays a vital role in personal injury claims. It is worthwhile to delve a little deeper into what comparative negligence is – and how insurance companies use it against you – to protect your rights.  Here is why hiring a skilled personal injury attorney is essential.

Defining Comparative Negligence

Comparative negligence determines how fault is shared between multiple parties in an accident. It recognizes that more than one person can contribute to the cause of an accident or injury. Under this doctrine, the compensation an injured party can receive is reduced by their percentage of fault.

For example, if you are found to be 20% at fault for a car accident, your potential compensation will be reduced by 20%. This approach ensures the distribution of damages based on each party’s level of responsibility is as fair as possible.

Types of Comparative Negligence

There are two main types of comparative negligence systems used in the United States: Modified Comparative Negligence and Pure Comparative Negligence. Each system determines how fault affects a plaintiff’s ability to recover damages.

Different states have different rules regarding comparative negligence.  Here’s how Nevada and Arizona handle it:

1. Nevada:  Modified Comparative Negligence (51% Rule)

• If you are 50% or less at fault, you can still recover damages, but your compensation is reduced by your fault percentage.
• If you are 51% or more at fault, you cannot recover compensation.

2. Arizona:  Pure Comparative Negligence

• You can recover compensation even if you are 99% at fault.
• Your compensation is reduced based on your percentage of fault.

For instance, if the total damages are $100,000 and the Plaintiff’s fault is determined to be 60%, then the compensation received is $40,000.

How Comparative Negligence Affects Your Settlement

Insurance companies use comparative negligence to reduce your payout.  Their adjusters will try to assign you a higher fault percentage to lower the amount they owe.  Without legal representation, you could end up with far less than you deserve–or even nothing at all. 

A personal injury attorney fights back by:  

• Gathering evidence to minimize your fault.
• Negotiating aggressively with insurance adjusters.
• Taking your case to court if necessary.

Here’s how it works:

Understanding how fault percentages affect settlement amounts

The following information is crucial for setting realistic expectations when pursuing a claim. If you are partially at fault for an accident, comparative negligence doesn’t automatically disqualify you from seeking compensation. However, it does mean that your potential recovery will be reduced in proportion to your level of fault. Here are some components of a personal injury claim to take into consideration.

Determining Total Damages: The total value of damages is calculated, including medical expenses, lost wages, pain and suffering, along with other related costs.

Assigning Fault Percentages: Fault is assigned to each party based on evidence, witness statements, and expert analysis.

Reducing Compensation: The plaintiff’s compensation is reduced by their percentage of fault.

Contributory Negligence vs. Comparative Negligence

In states that follow contributory negligence rules (a much stricter standard), being even 1% at fault can bar you from recovering any compensation. Comparative negligence is more forgiving and allows partially at-fault individuals to recover damages, although they may be reduced.

Evidence Matters More Than You Might Think

The percentage of fault assigned to you can significantly impact your case. Evidence such as photos, video footage, police reports, and witness testimonies can help minimize your fault percentage and maximize your compensation.

Legal Representation Is A Necessity

Negotiating fault percentages is a critical aspect of personal injury cases. Insurance adjusters often try to assign higher fault percentages to reduce payouts. Having a highly qualified attorney will provide confidence that your rights are protected and fault is accurately allocated.

Real-World Examples

Car Accident:  You were speeding when another driver ran a red light and hit you.  The insurance company claims you’re 40% at fault for speeding, reducing your $50,000 settlement to $30,000.

Slip and Fall:  You slip in a grocery store because of an unmarked wet floor.  However, you were looking at your phone at the time.  The store argues you are 20% at fault, cutting your compensation.

Without an attorney, these percentages could be unfairly inflated, leaving you with far less than you should receive

Don’t Let Insurance Companies Take Advantage of You

While being partially at fault doesn’t bar you from recovering damages, it does reduce the amount you can receive. Understanding how comparative negligence works allows you to advocate for yourself and your rights in these personal injury claim scenarios. Here are some tips for successfully navigating comparative negligence.

1. Act Fast: Gather evidence and consult with an attorney as soon as possible after the accident. Timely action can strengthen your case.  Contacting an attorney will quickly will help your case.
2. Document Everything: Take photos, gather witness statements, keep records of medical treatments, expenses, and correspondence with insurance companies.
3. NEVER Admit Fault: Statements made to insurance adjusters or others can be used against you to assign fault. Be cautious in your communications.
4. Hire an Experienced Attorney: Navigating comparative negligence laws requires expertise. An attorney can help lower your fault percentage and maximize your compensation.

You Deserve Maximum Compensation–Call Today!

Don’t let insurance companies use comparative negligence to deny you fair compensation.  If you’ve been injured in Las Vegas or Phoenix, let Lloyd Baker Injury Attorneys fight for you!  Call us now!  Your FREE consultation is just a call away.