Under tort law, when a person is a victim of a civil wrong-doing, a court or jury may award damages to compensate them for their injuries and losses. Assessing the amount of damages is often a difficult and complex process since so many variables influence the final determination. A court must consider the losses or injuries of a victim’s person, property, and overall quality of life. With all that’s at stake for injured victims and plaintiffs in such cases, courts take this responsibility seriously; after all, the purpose of tort law is to help victims of personal injury get back to the condition and state of life they were in before their accident, if possible, and to fully and fairly compensate them for what they have gone through and will go through.
This legal process requires substantial evidence on behalf of the victim to recover the full and fair amount of compensation for the total amount of damages and losses, such as medical records, police reports, expense records, witness statements, interviews, and much more. But before any compensation can be awarded to a personal injury plaintiff, someone has to be found liable for the accident. To determine fault in a personal injury case, the same amount of consideration is taken, but on a more guided scale known as comparative fault analysis, or comparative negligence.
Continue reading to learn more about comparative fault analysis, including who to talk to about your potential personal injury claim.
Brief Explanation of Comparative Fault Analysis
According to USLEGAL.com, Comparative Fault Analysis is defined as, “…a doctrine of tort law which permits plaintiff and defendant to compare their liability for the accident. It allows proportionate recovery if both the plaintiff and defendant were negligent and thereby contributed to the cause of an injury.”
When an individual is seriously hurt in an accident, it is necessary to determine who was at fault for the incident. This process of determination is called comparative fault analysis, and it is widely used as a standard in tort cases. Comparative negligence divides the amount of fault among each person involved in an accident. This concept is used in a situation where multiple parties were negligent. Comparative fault analysis simply describes the standard formula used to identify the negligent party involved in a serious accident, however, there are numerous details that go into making these distinctions.
Fundamentally, if a victim or plaintiff is 49% (or less) at-fault, then they are most likely entitled to compensation. If the plaintiff is 51% at-fault, or greater, then there is no chance at being awarded compensation. Overall, an accident that causes a person serious injury or harm must be caused by another’s negligence or carelessness. At the closing of a personal injury trial, the jury gives the comparative fault analysis report to the judge.
Here is a Possible Example:
For instance, if a person is walking down a road and ignores pedestrian traffic signals, and as a result is struck by a driver who is intoxicated, both would be at-fault for the accident. In this example, the pedestrian was negligent for not properly obeying traffic signals, while the driver was simultaneously negligent for operating a vehicle while intoxicated, and furthermore, driving recklessly (i.e. speeding, swerving, etc.).
Although the driver had a green light, they are still responsible to use reasonable care and keep their eye out for pedestrians and other drivers. A court or deciding factor uses a specific method to calculate each person’s fault. In this case, a court may rule that the drunk driver is 80 percent responsible and the pedestrian only 20 percent responsible. So if the total damages for each party is 100,000 dollars, the pedestrian would be awarded 80 percent of that total number. But this all varies state to state, and depends on specific and individual circumstance of a case.
What You Need To Do For Your Claim
If you have questions about personal injury compensation, it is vital to discuss your claim with a licensed accident attorney. They can give you personalized recommendations for your case, and document an impactful claim to recover the full and fair compensation you deserve. As soon as you receive medical attention for your injuries, your next step should be to contact a personal injury law firm for help with your accident claim.
Contact Our Personal Injury Law Office Today
Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury lawsuits in Indianapolis, Indiana. Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned accident attorneys that can fight to recover compensation for your losses. We offer free initial consultations and never collect lawyer fees unless we win a settlement. We represent clients throughout the State of Indiana. Call 317-881-2700 to schedule your free consultation with an Indianapolis personal injury lawyer, today.