Q: What is the Modified Comparative Negligence Rule?
A: In your personal injury case, the liable person or business may try to argue that you were at least partially to blame for the accident that led to your injuries. If the court determines that you do share some degree of liability, it can end up reducing the amount of compensation you receive from the other party.
According to the modified comparative negligence rule, the amount of compensation you are entitled to may be subjected to a reduction based on your percentage of fault. If you bear more than 50 percent of the blame, you can't collect a cent from the other party. If you bear less than 50 percent of the blame, your damages will be reduced by an amount directly proportionate to your percentage of fault. For instance, if the jury awards you $20,000 in damages but also determines that you were 25 percent at fault, your compensation will be reduced to $15,000 (or $20,000 minus 25 percent).
After an accident, you need full coverage to pay for your medical bills, lost wages, and more. However, the other party may attempt to have your compensation reduced by claiming that you were partially at fault. With help from the aggressive Dallas personal injury lawyers at The Law Office of WT Johnson, you can dispute any claims made against you and uphold your right to an optimal compensation amount.
To learn more about your legal options in a free consultation, call (214) 231-0544 or (800) 738-4046.
Additional Personal Injury Questions & Answers
- Can I bring an injury claim or suit against the government?
- Can I get compensation if the accident was partially my fault?
- How much is my claim or lawsuit worth?
- How long will it take to resolve my personal injury case?
- The insurance company is offering me a settlement. Should I accept their offer?
- What is the modified comparative negligence rule?
- What is a catastrophic injury?
- When should I file my personal injury claim or suit?
If you would like to discuss your claim with a member of our team, don't hesitate to call us at (214) 231-0544. We're ready to help you, and won't rest until you receive the settlement you deserve.