If you have been injured by another party’s negligence, it is only right that you receive compensation from that person or entity to pay for your damages. You may have medical bills, legal bills, and increased living expenses that quickly add up. Many victims file personal injury lawsuits against the person, company or agency responsible for their injuries. However, in some cases, the defendant tries to show that the victim was also at fault–at least partially. Those cases are what are known as “comparative negligence” cases, and they can result in a reduction of the amount the victim can recover. In some cases, the victim in a comparative negligence case may recover nothing at all.
What Is Negligence?
Before a personal injury claim can be filed, there must be negligence. While most of us understand intuitively what this word means, there is a slightly different definition used by lawyers that can be confusing to some. Understanding what negligence is–and what it is not–is crucial to understanding whether you have a personal injury claim that can be settled or litigated to pay compensation for your damages.
Understanding Comparative Liability
Sometimes victims of a personal injury accident do not take action to recover damages because they are afraid that they will be blamed for their own injuries. This is true, for example, if someone is speeding and is hit by another car. While the accident may be the other driver’s fault, the victim may fear … Read more