Personal Injury Attorney Discusses Comparative Negligence ...

by:LisaBlackstone
Receiving an injury because somebody else was not careful can have horrible outcomes for the victim. These could be emotional, physical and financial. Consequently, victims of automobile accidents or accidents that occur because property was not taken care of, require the guidance of a personal injury attorney. A personal injury attorney can help the victim wade through determining the percentage of fault and can persuade a judge or jury to award fair damages.

How to Identify Liability. First, a personal injury attorney helps an accident victim if the accident victim has a case. The lawyer will then help persuade the court that the fault lies with the other party. The courts asks if the plaintiff was at fault in whatever way and if the accident victim took reasonable precautions. Obviously, what is reasonable is subjective and an attorney should argue the point. The court will also ask if the defendant had a reasonable duty to safeguard the injured party. Plus, there are several percentages of blame to be assessed.

The History of Contributory Negligence. At once, laws in the United States followed what was referred to as contributory negligence. The theory got their start in England and meant that if a victim was responsible by any means for the accident, then they could not recover damages. However, this was a little harsh if the person was confirmed to be only 2 % accountable. Then the person who was 98 percent would not be held accountable at all.

Pure Comparative. Due to this fact, 13 states now determine damages under what is termed pure comparative negligence. It means that the percentage of fault is figured out and damages are awarded depending on that figure. Unfortunately, there is no formula to ascertain percentages of fault, and this is left up to the common sense of a jury or judge. This is when a good personal injury attorney can really matter.

Modified Comparative - 50% Rule. Pure comparative negligence has many critics too. Someone can be 98 % responsible for an accident and still recover 2 % damages from the victim. Consequently, 12 states now use a modified comparative negligence with a 50 % rule. If the plaintiff is more than 49 % responsible for the accident, he or she cannot recover any damages. Again, the percentage depends on a jury, and a personal injury attorney can advise a client on whether to proceed or not.

Modified Comparative Negligence - 51% Rule. Thirty-eight states including Nevada use a modified comparative negligence formula with a 51 % rule. This works in the same manner as the 50 % rule, but the plaintiff cannot go over 50 % liability. Remember that this is correct irrespective of how many other defendants you can find. Because the line is so fine and the fault is not dependant on a formula but by humans utilizing their best judgment, a personal injury attorney is a necessity.

If you're the victim of an accident, talk to a personal injury attorney straight away. A personal injury attorney will assist you to decide if there is any comparative negligence, and what this could mean to the case. Since laws vary from one state to another, a lawyer has the ability to assess if the case has any worth and will be able to present the very best evidence. That's a critical key to receiving damages when deciding who is liable is so subjective.

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Personal Injury Attorney Discusses Comparative Negligence
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Personal Injury Attorney Discusses Comparative Negligence
Category: Legal

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