Curious how much your personal injury claim is worth?
Here’s something most people DON’T realize…
Your settlement amount isn’t based solely on the severity of your injuries. The money you receive is based on how much fault is placed on YOU.
Did you know that there are different negligence standards your state can follow? Depending on which one applies, your injury claim could result in a payout… Or nothing at all.
Here’s what you need to know:
- What Is Comparative Fault?
- The 3 Negligence Standards That Impact Your Claim
- How Percentages of Fault Affect Compensation
- How To Protect Your Personal Injury Claim
What Is Comparative Fault?
Comparative fault rules split blame between everyone involved in an accident. Rather than placing liability on one person… Fault is divided up by percentage.
Each side is assigned a portion of fault by a court or jury. That percentage then reduces or eliminates the injured person’s compensation.
Here’s how it works:
Imagine you’re hit by a driver who ran a stop sign. But you were speeding too, so the jury decides you were both partially at fault. The other driver is assigned 80% of the blame and you’re assigned 20%.
If your total damages amounted to $100,000 – your compensation would be reduced by 20%. You would receive $80,000 instead of $100,000. That 20% of fault just cost you $20,000.
Minor detail? Try $20,000.
Comparative fault affects everyone who files a personal injury compensation claim. But here’s the kicker. Each state has the option of following different rules. And those rules can drastically alter your case outcome. Which is why getting personal injury legal support early can help protect your claim.
3 Negligence Standards That Impact Your Claim
So how do states decide who pays? And how much do they pay?
Fault can be determined using 1 of 3 systems. Each negligence standard handles shared fault differently…
Pure Comparative Negligence Standard
As you may have guessed from the name… Pure comparative negligence is the most lenient system.
Under this rule, you can receive compensation no matter how negligent you were in the accident. Even if you were 99% at fault, you can recover damages. However, your total payout would be reduced by 99%.
Approximately 13 states follow this rule including: California, New York, and Florida (for medical malpractice claims). If you were found to be 70% responsible for your accident and the total damages equal $200,000…
You would still be able to walk away with $60,000 of compensation.
Modified Comparative Negligence Standard
This negligence standard isn’t quite as forgiving. It introduces a cutoff value. If you are more at-fault than the state allows… You lose your ability to collect damages.
The two types of modified comparative negligence are:
- 50% bar rule
- 51% bar rule
Similar names… BIG difference. With the 50% bar rule – you cannot recover damages if you’re found to be at least 50% responsible for the accident. With a 51% bar – you cannot recover if you’re 51% or more at fault.
Small difference. But it could cost you thousands. Over 30 states use some form of modified comparative negligence.
Pure Contributory Negligence Standard
And now for the most controversial negligence standard…
If you live in a state that follows contributory negligence rules… YOU NEED TO READ THIS.
Some states follow a pure contributory negligence rule that DOES NOT allow you to recover ANY compensation if you’re found to be negligent. At all. Even 1%.
That’s right. According to the Legal Information Institute, there are 4 states plus the District of Columbia where you are found to be even 1% at fault for your accident… You collect ZERO dollars.
Those states are Alabama, Maryland, North Carolina, and Virginia.
To make matters worse…
If you’re injured in a car accident in one of those states and the insurance company can prove you were just 5% at fault… You receive nothing. Even if you broke your back.
How Percentages of Fault Impact Your Compensation
Fault percentages don’t just affect you. They’ve impacted the payout for thousands of injury claims. Data from Nolo’s independent research found that around 70% of people who filed a claim received compensation.
However…
Insurance companies are experts in comparative fault rules as well. Insurance adjusters will try to prove YOU are at-fault to lower your settlement amount. They’ll argue that you:
- Were distracted during the accident
- Were not acting safely
- Were responsible for your injuries escalating
That’s why it’s so important to understand how fault percentages are determined. Even if your compensation only gets reduced by 10%, that’s $10,000 that the insurance company will try to keep.
How Is Fault Determined?
When assessing percentages of fault, multiple types of evidence are considered. Police reports, witness statements, scene photos, expert witnesses, and medical bills all influence who the negligent party is found to be.
Both sides present their case to the court and make their argument. The plaintiff argues that the defendant was negligent. The defendant shifts blame back onto either the plaintiff or third parties.
A jury will then assess ALL of the information and assign a percentage of fault to each party. Your compensation would then be reduced by your portion of fault.
Keep this in mind though:
Approximately 95% of personal injury lawsuits settle out of court. What this means is that the jury never actually determines who is at-fault. Fault percentages are determined between your attorney and the insurance company.
Again, this is why having knowledgeable legal representation is so important.
Protecting Your Personal Injury Claim from Insurance Companies
Understanding which negligence standard your state follows is just the beginning when protecting your claim. Here are some other steps you should take:
Begin by doing these things:
- Document everything. Photos, medical records, witness information and police reports can all help your case. Make sure you give your attorney everything you have.
- Don’t give a recorded statement to insurance companies. You can always let your attorney speak on your behalf. Insurance companies can use the information you provide against you.
- Seek medical treatment ASAP. If you wait too long to go to the doctor, the insurance company will argue that your injuries weren’t serious.
- Familiarize yourself with your state’s laws. Pure comparative negligence, modified comparative negligence, and contributory negligence all change how you should approach your injury claim.
Conclusion
Comparative fault rules are complicated… But they don’t have to stop you from recovering compensation. Personal injury victims in nearly every state can recover damages if they know the rules.
Here’s a quick refresher:
- With pure comparative negligence – you can recover damages even if you’re 99% at fault.
- Modified comparative negligence – you cannot recover damages if you are found to be more at-fault than the state threshold allows.
- Contributory negligence – you are barred from collecting damages if you’re found to be even 1% negligent.
Insurance companies will do everything they can to shift blame onto you. Having solid evidence to prove your case will always work in your favor.
Your percentage of fault can impact your settlement more than you realize. Arm yourself with knowledge and you’ll be prepared to fight for the compensation you deserve.