The Impact of Shared Fault Laws on Personal Injury Settlement
When filing a claim with your insurer in a personal injury case, the outcome might depend on who was at fault. Personal injury cases can be complex if both parties are at fault. Your insurance company might use shared fault laws to reduce your payout for damages. Fortunately, a highly experienced personal injury attorney can help address your concerns and ensure you receive your rightful compensation even if you were partially at fault.
What Are Shared Fault Laws?
Shared fault is a law that holds the plaintiff and the defendant partially responsible for damages in a personal injury case. Shared fault often occurs in auto accidents but can also arise in personal injury cases involving bicycle accidents, product liability, construction accidents, and premises liability.
How Do Shared Fault Laws Impact Personal Injury Settlement?
The shared fault law falls under two legal categories: comparative and contributory negligence. Under contributory negligence, a plaintiff cannot collect compensation if they contributed to their injury through negligence. Conversely, comparative negligence considers how much you were at fault. In personal injury cases where comparative negligence shared fault rules apply, the court will issue percentages of fault based on the level of negligence of each party involved. The judge or jury will review the facts before deciding the level of fault of each party in the accident.
A personal injury attorney plays a crucial role in negotiating the percentage of fault in your case. For instance, if you get into an accident with a drunk driver but you were also distracted, the judge can hold the drunk driver 80% responsible, meaning your compensation will be 20% less for your contribution to the accident.
Need Help Navigating Personal Injury Settlement?
Dealing with a shared fault case can be daunting if you don’t have a strong legal team. Your insurer might take advantage of shared fault rules to minimize your payout. Fortunately, the team at Morris and Dean is here to help you get a fair judgment in a personal injury case. Contact our attorneys in Dalton, GA, for a free consultation.