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How is Pennsylvania’s Comparative Negligence Law Defined?
In Pennsylvania, comparative negligence is a legal principle used when more than one party is at fault in a car accident, slip & fall, etc. The comparative negligence rule affects how damages are awarded in almost all personal injury cases and is integral to your compensation.
Some basic tenants of the comparative negligence law are:
- The basic principle of comparative negligence – Under this Pennsylvania law, if you’re the injured party (plaintiff), the compensation you receive is reduced by the percentage that you are found to be at fault for your accident. For example, if you are found to be 25% responsible for a car accident (or any other type) and were awarded $100,000 in damages, you would only receive $75,000 after the 25 reductions for fault.
- The 50% Rule – Pennsylvania law uses the so-called “modified” comparative negligence system. This means that if you (as the plaintiff) are more than 50% at fault for your accident, you will usually be barred from recovering any damages. So, to recover compensation, your lawyer must prove to the court that your fault was 50% or less.
- What is the jury’s duty – It’s up to the jury to decide your percentage of fault in your accident case. They will be presented with all the evidence and then allocate a percentage of fault to you and the defendant. Your compensation will then be adjusted accordingly.
You must note that these rules are highly relevant in personal injury lawsuits where both parties had a part in your accident, even if one party was more at fault than the other. This law ensures that, even though you were injured, you take responsibility for your share of the negligence that caused the incident. It also shows the significant value of working with a professional and highly skilled personal injury lawyer with substantial experience negotiating and dealing with a jury.
How Does Contributory Negligence Differ from Comparative Negligence in Pennsylvania?
It’s easy for most people to be confused about the difference between contributory negligence and comparative negligence. If you directly contributed to the negligence that caused your accident, you may be unable to collect damages. However, this is not the case regarding the comparative negligence rule. The contributory negligence rule takes an “all or nothing” approach to the entire legal situation. Due to this fact, the prosecution (or opposing counsel) will often use this rule to try and prove that you had prior knowledge of the risks of the situation you found yourself in.
Alternatively, the comparative negligence rule takes the legal stance that you may be partially to blame but still allows you to recover damages in your case. Your diligent personal injury lawyer will vehemently fight any notion of contributory negligence. However, you still may lose a percentage of your compensation if your actions fall under the comparative negligence laws.
How Does the Court Determine Liability and the Fifty One Percent Rule?
Let’s say, for example, you were texting and failed to notice that the light had turned green. A bystander may have seen your behavior and come forward as a witness for the defense. Or, you could have been speeding and stopped suddenly, giving the car behind you a little chance to stop. Myriad scenarios may show that, although you were injured severely, you still acted negligently and should be held partially at fault.
After all the evidence is presented to the judge and jury, it is up to them to decide if you contributed to the accident and how much you may have been at fault. Determining this percentage is a central and significant part of your case, and eyewitnesses, medical records, video, etc., may all be used by both sides in their arguments. If the jury finds you should only receive 75% of the compensation and you are awarded $100,000, then you would receive $75,000 in the end. So, this number significantly matters to you, your recovery, and your family.
Another factor is the Pennsylvania State Share Act. This legislation mandates that defendants can only be liable for their share of the fault. So, if there’s more than one defendant in your case, a defendant can only be found responsible for their precise share of the fault. Otherwise, they may be partly responsible for the entire settlement regardless of their fault percentage.
Throughout this entire matter, your passionate, thorough, and diligent personal injury lawyer will tirelessly fight for your rights and ensure you obtain the best possible outcome.
Can My Lawyer Help Navigate the Comparative Negligence Laws and How?
Comparative negligence laws can be legally complex, especially if your case is not “cut and dry,” which most are not. It also requires an in-depth understanding of Pennsylvania’s personal injury laws. Using their well-honed expertise, your personal injury lawyer can assist with this by doing the following:
- Facilitating all evidence collection—It’s critical to gather and professionally present all pertinent evidence to accurately represent your accident’s circumstances. Your lawyer is in a professional position to collect relevant documentation, medical records, video, eyewitness statements, accident reports, etc., and build a strong case on your behalf.
- Analysis of who is at fault – Determining fault is a complex process that is always at the center of your personal injury case. It involves analyzing everyone’s actions. Your experienced, thorough, and empathetic lawyer will scrutinize every detail of your case to ensure that fault is fairly and accurately assessed, ensuring that the lowest possible fault percentage is attributed to you.
- Negotiation in your case – Every insurance company will only pay what they must. They will attempt to minimize payouts by arguing that you significantly shared in the accident and the fault. Your Pennsylvania personal injury will use their negotiating skills to successfully counter these tactics and ensure you secure a fair and full settlement in your case.
- Litigation of your case – If you must go to trial, having an experienced and well-versed trial lawyer by your side is indispensable. Your lawyer will present a compelling and factual case to convince the jury of the other party’s predominant fault in your accident.
I’ve Had an Accident in Philadelphia That Involved Comparative Negligence; How Should I Proceed?
You must understand that every case differs, and a great deal depends on your unique case’s specifics. Additionally, if you have been injured, many things, including the outcome and recovered damages, will depend on your personal injury law team’s professional arguments, negotiating skills, and experience.
This is why you need an accessible, communicative, and aggressively direct law team such as Lassiter & Associates P.C. on your side. Our skilled accident lawyers passionately believe that every client has and deserves the right to high-quality, aggressive, and passionate legal representation.
If you’ve been injured, call our comparative negligence lawyers today at 267-682-8918 for a free consultation on your case. They will professionally and diligently manage your personal injury claim from beginning to end and work tirelessly to ensure the best possible outcome for you and your family.
