If you’ve been injured in an accident in Kingman, AZ, understanding how fault is determined is crucial to your case. One key legal concept that could influence the outcome of your personal injury claim is comparative fault. Under this legal principle, fault for an accident is divided among the parties involved, which can affect the compensation you’re entitled to. This blog will explore how comparative fault works, how it impacts your personal injury case in Kingman, AZ, and how a personal injury attorney can help you navigate these complexities.
What Is Comparative Fault?
Comparative fault (also called comparative negligence) is a legal doctrine used to allocate responsibility for an accident or injury among multiple parties. Under comparative fault, each party involved in the accident can be assigned a percentage of blame. This percentage reflects the degree to which each party contributed to the incident.
In some states, if the injured party is found partially at fault for the accident, their ability to recover damages may be reduced based on their level of fault. For example, if you are awarded $100,000 in damages but are found to be 20% at fault for the accident, your compensation may be reduced by 20%, leaving you with $80,000.
In Kingman, AZ, the legal system follows a comparative fault approach, meaning that even if you are partially responsible for an accident, you may still be entitled to compensation for your injuries, but the amount you can recover may be diminished based on your share of the fault.
Types of Comparative Fault
There are two main types of comparative fault systems: pure comparative fault and modified comparative fault. Arizona follows the modified comparative fault system, which means that an injured party can recover damages only if they are found to be less than 50% at fault for the accident. If you are found to be 50% or more at fault, you would be barred from recovering any compensation for your injuries.
1. Pure Comparative Fault
In pure comparative fault states, an injured party can recover damages even if they are found to be 99% at fault. Their compensation would simply be reduced by the percentage of fault assigned to them. For example, if you are 90% at fault, you could still recover 10% of your original damages.
2. Modified Comparative Fault
Under modified comparative fault, the injured party’s fault must be below a certain threshold—usually 50%—to recover damages. If you are found to be 51% or more at fault, you cannot recover any compensation. This is the system that applies in Arizona, including Kingman, AZ.
How Does Comparative Fault Affect Your Personal Injury Case in Kingman, AZ?
In a personal injury case in Kingman, AZ, the insurance company or the court will examine the circumstances of the accident and assign a percentage of fault to each party involved. Even if you are partially responsible for the incident, the amount of compensation you can receive will depend on the percentage of fault attributed to you. Here’s how comparative fault impacts your case:
1. Fault Determination and Shared Responsibility
When you file a personal injury claim in Kingman, the first step is determining who is at fault for the accident. The insurance companies or the court will look at all the evidence, including police reports, witness testimony, medical records, and other factors, to determine the degree of fault each party holds.
For example, in a car accident, if the other driver was speeding but you failed to yield at a stop sign, both parties may share some of the fault. If the court determines that the other driver is 70% responsible for the accident and you are 30% responsible, your damages will be reduced by 30%.
2. Impact on Compensation
If you are found to be partially at fault for the accident, the damages awarded to you will be reduced according to your percentage of fault. If you are assigned a lower percentage of fault, you can still recover a significant portion of your damages. However, if your fault is deemed significant (e.g., 50% or more), you may be barred from recovering compensation.
For instance, if you were involved in a slip and fall accident at a store and the store was found to be 80% at fault for not maintaining the premises, but you were found to be 20% at fault because you were not paying attention, your damages will be reduced by 20%.
3. Challenges in Proving Fault
Determining fault in personal injury cases can sometimes be challenging, particularly if the evidence is unclear or the parties involved offer conflicting accounts of the events. This is where the expertise of a personal injury lawyer in Kingman, AZ becomes invaluable. A skilled lawyer can gather and present the evidence in a way that minimizes your fault or refutes the claims made by the opposing party.
Your personal injury lawyer will work to investigate the accident thoroughly, including speaking to witnesses, obtaining surveillance footage, and reviewing all available evidence. They will also be able to handle negotiations with the insurance company to ensure that you are not unfairly blamed for the incident.
4. The Role of Comparative Fault in Settlement Negotiations
Comparative fault plays a significant role in settlement negotiations. Insurance companies are often quick to point out the injured party’s potential share of fault to reduce the amount they have to pay out. In these cases, your personal injury lawyer will be crucial in protecting your rights and ensuring that you receive a fair settlement.
By carefully analyzing the facts and presenting a strong case, a personal injury lawyer in Kingman, AZ can negotiate a settlement that compensates you fairly, even if you share some responsibility for the accident.
How a Personal Injury Lawyer Can Help
A personal injury attorney specializing in comparative fault can help you navigate the complexities of fault determination and ensure that your claim is handled appropriately. They will:
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Investigate the circumstances of the accident to gather evidence and build a solid case.
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Negotiate with insurance companies to ensure that your fault is accurately assessed and that you receive fair compensation.
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Represent you in court if the case goes to trial, advocating for your rights and minimizing your liability.
If you’re dealing with a personal injury case in Kingman, AZ, or have questions about comparative fault, contact a reliable law firm partner today. Whitney | Whitney | Baldridge | Atkinson can provide you with the legal support you need to protect your rights and secure the compensation you deserve.
Protect Your Rights with Legal Expertise
Understanding comparative fault is essential when pursuing a personal injury case in Kingman, AZ. By knowing how fault impacts your claim and seeking the help of an experienced lawyer, you can improve your chances of securing fair compensation. A personal injury lawyer will help guide you through the complexities of the legal process, ensuring that your case is handled appropriately and that you are treated fairly.
If you’ve been injured in an accident, reach out to Whitney | Whitney | Baldridge | Atkinson for expert legal assistance. Their team of experienced attorneys is dedicated to helping you navigate the personal injury process and achieve a positive resolution to your case.
