If you were involved in a personal injury accident that was partially your fault, you should hire a personal injury lawyer. You should then read this article. It’ll teach you the difference between ‘pure and modified comparative fault.’ You should discuss the information with your lawyer.
Your personal injury lawyer will inform you that your ability to sue the other party, if you were partially at fault will depend on your state’s “shared fault” rules. The fault is clear and easy to establish in some car accidents. A good example is a T-bone accident that results from you running a stop sign. The case is entirely different in other car accidents. Your personal injury lawyer knows that your ability to sue depends on the ‘fault model’ your state uses. Some states follow the ‘pure comparative fault’ rule and some follow the ‘modified comparative fault’ rule. This is especially true if you were partially at fault for the accident.
Have you heard of shared fault rules?
Personal injury lawyers In Thousand Oaks are familiar with shared fault rules. You may, for example, have failed to use your lane change signal when changing lanes. You may have been rear-ended as a result. If you live in a state that follows the contributory negligence model, you will not be able to sue or collect any money even if you did suffer substantial damages and bodily injuries.
If you live in a state that follows the comparative negligence model, you’ll be able to sue and collect money. However, your settlement will be reduced by your percentage of fault. For example, if you were 25% guilty and won a settlement of $1 million, your settlement will be reduced by 25%. You will end up getting $750,000 in settlement money. Comparative negligence has two subcategories: pure comparative negligence and modified comparative negligence. They are discussed in more detail.
Pure comparative negligence
If your state follows this model of comparative negligence, your final settlement award will be reduced by the percentage of fault you share. For example, if you were found to be even ten percent at fault, the final amount as settlement will be 90% of your original settlement amount.
Modified comparative negligence
You can sue and obtain a settlement, but only if your share of the negligence is 50% or under. If it is more than 50%, you won’t receive a penny in settlement money even if you do sue.
Personal injury law is complex
As you can see, personal injury law is involved and complex. This is why you need to hire a personal injury lawyer and have some understanding of the models of negligence and fault.