Demystifying Comparative Negligence Laws

Dealing with negligence laws when you’re injured is already tough enough. You’re confused, you’re distressed, and now you’re stuck trying to learn complex negligence laws that may not be clear to you. However, understanding who’s at fault and why is important to getting your compensation. 

We’re here to demystify complex ideas like comparative negligence. When you’re facing a lawsuit, speak to your lawyer about your personal injury claim and how comparative negligence could affect your unique claim. 

How Negligence Works in Utah Accidents

First, negligence is decided based on whether that person breached their “duty of care.” Duty of care is the idea that we’re all supposed to maintain a certain level of care to avoid harming one another. For example, if someone is driving and fails to keep their eyes on the road, and they hit someone, they breached their duty of care. 

They can now be held responsible for the damage they caused with their negligence. However, you could also be held responsible for your part in the accident. 

Few accidents are completely the fault of one party. Instead, we can all be a little responsible for the damage we cause to one another. Taking the blame, even partially, will hurt your recovery, though, which is why you may need to speak to a lawyer first. 

Comparative negligence means that the other person is not responsible for your part of the accident. Let’s break this down—let’s say you were involved in an accident that cost you $100,000. The other driver was negligent and caused the accident, but they claim you were fifteen percent at fault. If you’re found responsible for that fifteen percent, they only have to pay you eighty-five percent of the costs, or $85,000. 

Defending Your Compensation After an Injury 

Because your part in the accident can make such a big difference, it’s best to minimize the amount of responsibility you take, if you take any at all. That’s why your lawyer might advise you not to admit fault right after the accident. 

Instead, you’ll need to focus on protecting the compensation you need for your recovery. For example, if you slipped and fell in a store, the property owner might claim you were on the phone during your fall. If you can’t prove you weren’t on the phone, your lawyer may argue that you were talking on the phone, which means you would have seen a warning sign. 

Get Help After an Injury in Utah

If you’ve been hurt, your case isn’t just a matter of your injury and the other person’s actions. Sometimes, you may need to focus on your own actions. That’s where a lot of personal injury claims get tricky. 

If you’re worried the responsible party might try to place the blame on you, reach out to your lawyer for help. We understand that your claim can feel as chaotic and dangerous as the Wild West, but your attorney can be your greatest asset when you’re struggling with negligence laws.