What is comparative fault and how does it affect my personal injury case?
Understanding Comparative Fault in Personal Injury Cases
Comparative fault is a legal concept that can come into play in personal injury cases when the plaintiff may have played a role in causing the accident or injury that is the subject of the lawsuit.
In states that follow a comparative fault system, the damages awarded to the plaintiff may be reduced by the percentage of fault attributed to the plaintiff. For example, if the plaintiff is found to be 25% at fault for the accident, their damages may be reduced by 25%.
There are two main types of comparative fault systems: pure comparative fault and modified comparative fault. Under a pure comparative fault system, the plaintiff can recover damages even if they are found to be more at fault than the defendant. Under a modified comparative fault system, the plaintiff may be barred from recovering damages if they are found to be more at fault than the defendant.
It is important to understand how comparative fault can affect your personal injury case, as it can have a significant impact on the damages you are able to recover. If you have been injured and are considering seeking compensation through a personal injury lawsuit, the experienced attorneys at Doucet Co., LPA can help you understand how comparative fault may impact your case and fight for the damages you are entitled to. Call us today at (888) 200-9824 for a free consultation.