When you are involved in an accident, it may be very surprising to discover that you are partially at fault for it. As a result, people may receive less compensation for their injuries. Personal injury lawyers in University Place explain this concept and exactly what it means for every individual.
What Is Comparative Fault?
When a person shares blame for injuries sustained in an accident, the court takes into account comparative fault. With comparative fault, each part is assigned a percentage of the blame using the pure comparative negligence approach. Any amount that may be recovered is then reduced by the percentage of fault that is assigned to the victim.
How Does It Work?
Say an individual wins their case and is awarded $10,000 as a settlement. The court has determined, however, that this victim was responsible for 20 percent of the accident. The award will then be reduced by $2,000 or 20% to ensure both parties are treated fairly.
When Does Comparative Fault Become an Issue?
People often wonder if they should settle out of court to avoid the pure comparative negligence approach. There is no benefit to doing so, as insurance adjusters are familiar with the way the system works and will use this during negotiations. A victim, along with their attorney, needs to determine if they are more comfortable settling out of court or going before a judge and/or jury based on other factors.
Damage Caps
Victims frequently express concern about this concept and how it will affect their case. One thing to keep in mind is there are no damage caps in Washington, as the state has ruled that they are unconstitutional. Thus, a victim needs to take this into consideration when requesting compensation and work with their lawyer to ensure the highest award is obtained.
Individuals in need of personal injury lawyers in University Place often turn to website. This firm works with clients to ensure they obtain the full compensation they deserve, taking comparative fault into account. Call them today for assistance with a case, as every victim needs someone fighting for them.