In Arizona, personal injury claims are often affected by the principle of comparative negligence. This legal doctrine determines how fault is assigned in an accident, especially when more than one party is responsible for the incident. Understanding how comparative negligence works can be crucial when pursuing compensation for your injuries. It’s essential to work with a personal injury attorney who can help navigate this complex process and ensure you receive the compensation you deserve.
This blog will explain how comparative negligence affects personal injury compensation in Arizona and why consulting a local personal injury lawyer is vital for handling such cases.
What Is Comparative Negligence?
Comparative negligence is a legal concept used in many states, including Arizona, to determine the degree of fault of each party involved in an accident. In Arizona, the law operates under a pure comparative negligence rule. This means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault.
For example, if you were involved in a car accident where you were found to be 30% at fault, your compensation for damages would be reduced by 30%. If the total award was $100,000, you would only be entitled to $70,000. The more responsibility you have in causing the accident, the less compensation you are entitled to.
Comparative negligence applies to various types of personal injury cases, such as car accidents, slip and falls, and medical malpractice. Understanding how this rule works is critical when filing a claim, as it can significantly impact the amount of compensation you receive.
How Does Comparative Negligence Affect Compensation?
In personal injury claims, compensation is typically awarded for economic damages (like medical bills and lost wages) and non-economic damages (like pain and suffering). Comparative negligence affects both types of damages, but in different ways:
1. Economic Damages
Economic damages are those that can be directly quantified, such as medical expenses, lost wages, and property damage. Under Arizona’s comparative negligence law, your economic damages can still be awarded even if you are partially at fault for the accident. However, your compensation will be reduced based on your degree of fault.
For example, if you are 20% at fault for a car accident, and the medical bills and lost wages amount to $50,000, your compensation would be reduced by 20%. In this case, you would receive $40,000 instead of the full $50,000. It’s important to note that economic damages are typically more straightforward to calculate, and a personal injury law firm can help ensure all your financial losses are accounted for.
2. Non-Economic Damages
Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are more subjective and can be harder to quantify. These damages are also impacted by the principle of comparative negligence. If you are partially at fault for the incident, the compensation for your emotional and physical distress will be reduced by your percentage of fault.
For instance, if you are 25% at fault for an accident, and your non-economic damages are valued at $100,000, your compensation for pain and suffering will be reduced to $75,000. Non-economic damages are highly dependent on the facts of the case, and proving the emotional and psychological toll of an injury often requires the assistance of medical professionals and a skilled local personal injury lawyer.
3. Impact on Claims Involving Multiple Parties
In cases where multiple parties share responsibility for the accident, comparative negligence can become more complicated. For example, in a multi-car accident, each driver may bear a different level of fault. If one driver is 60% at fault and another is 40% at fault, the compensation each party receives will be reduced according to their share of responsibility.
A personal injury attorney will help sort through the details of the case and work to determine how much responsibility each party holds. This can require gathering evidence, such as witness testimonies, police reports, and expert opinions. In multi-party cases, the allocation of fault is critical for ensuring that victims receive fair compensation for their injuries.
The Importance of Having a Personal Injury Attorney
Given the complexities of comparative negligence, working with a personal injury attorney is essential when pursuing compensation for your injuries. A knowledgeable lawyer can help you navigate the legal process and ensure that your rights are protected. Here’s how an attorney can assist:
1. Investigating the Accident
A personal injury law firm will thoroughly investigate the circumstances surrounding the accident, gathering evidence to establish liability. This may include reviewing accident reports, interviewing witnesses, and working with accident reconstruction experts to determine how much fault each party bears.
2. Proving Your Degree of Fault
In a comparative negligence case, proving your degree of fault is crucial. If you are partially at fault, your attorney will work to minimize your percentage of responsibility. They will use evidence and expert testimony to demonstrate that the other party’s actions were a more significant factor in the accident, which could result in a higher compensation amount.
3. Negotiating with Insurance Companies
Insurance companies often attempt to reduce the amount of compensation they pay out, especially when comparative negligence is involved. Your personal injury attorney will handle negotiations with the insurance companies, ensuring that you are not unfairly penalized for your degree of fault.
4. Representing You in Court
If a fair settlement cannot be reached, your attorney will be prepared to represent you in court. They will present evidence that demonstrates the other party’s fault and argue for the maximum possible compensation for both economic and non-economic damages.
Contact a Personal Injury Lawyer Today
If you’ve been injured in an accident in Phoenix, AZ, and are concerned about how comparative negligence might affect your compensation, it’s crucial to seek legal representation. A skilled personal injury attorney can help protect your rights and ensure you are fairly compensated for your injuries.
Contact Folger Law Firm today to discuss your case with a reliable law firm that can help you navigate the complexities of comparative negligence and personal injury claims.
