Understanding Comparative Negligence in Pennsylvania Personal Injury Claims
With various moving parts in a personal injury case, it is often difficult to determine liability. In many cases, negligence may be assigned to more than one party. Each state has its own laws concerning how compensation is handled in personal injury cases. The Commonwealth follows the principle of comparative negligence, which means that each party’s compensation will be reduced based on their percentage of fault. In this blog, our Harrisburg personal injury lawyers discuss what you need to know about comparative negligence and how it can impact your claim.
Determining Which Party is Negligent in a Personal Injury Case
Most personal injuries are based on someone unintentionally injuring another person. This is caused by a person failing to act with reasonable care, known as negligence. A successful personal injury claim requires that you prove the following:
- That the other party had a duty of care. In a motor vehicle crash, for example, every driver has a duty to follow traffic rules and regulations to keep all road users safe.
- That the other party violated their duty of care. In a motor vehicle crash, this may involve running a red light, speeding, or breaking some other traffic law.
- That the other party’s actions caused you harm. You must provide evidence connecting the other driver’s actions with the injuries you sustained.
- That you suffered compensable losses as a result of the accident. Damages in a Harrisburg personal injury claim may include lost wages, medical bills, and pain and suffering.
Comparative Negligence in Harrisburg, PA
It is rare for an accident to occur due to a single person’s actions. Although some jurisdictions bar a claimant from recovering if they are found liable at all (known as “contributory negligence”), Pennsylvania takes a more conservative approach. Under Pennsylvania law, a person can recover compensation in a personal injury case as long as they are less than 51 percent at fault (sometimes referred to as the “51% Bar Rule”.
For example, if you sustained a traumatic brain injury in an automobile accident, you may file a $30,000 bodily injury claim with insurance. If the insurance company investigation determines you are 20 percent at fault, then your claim will be reduced by $6,000. So, you will only receive $24,000 of your original claim.
The Benefits of Retaining Experienced Representation
The insurance company is bound to assign greater liability to you, allowing them to pay as little on your claim as possible. This is especially true if you are filing a claim with the other driver’s insurance carrier. A car accident lawyer can be a valuable asset during the claims process by advocating for the compensation that you deserve.
At HGSK Injury Lawyers, our Harrisburg car accident attorneys will conduct an independent investigation into your matter to determine where liability lies. If we find evidence that the other party is mostly responsible for the crash, our legal team will use this as a leverage point during insurance negotiations. Our personal injury team is not afraid to advocate aggressively for the settlement you deserve, even if this involves taking your case in front of a judge.
Ready to Get Started? Do Not Hesitate to Contact Our Harrisburg Car Accident Lawyers Today
As a personal injury victim, you may find yourself consumed by a stack of medical bills that just seems to keep growing every day. In the aftermath of the incident, you may miss weeks or months from work. This can make it challenging to remain current with your rent, light bill, and other living expenses. If you are ready to work with a legal team that will fight tooth and nail to help you obtain just compensation, look no further than HGSK Injury Lawyers.
To arrange your free consultation with a Harrisburg car accident attorney, our office can be reached online or by calling (267) 551-8782 today.