The result of most Pennsylvania personal injury cases depends on the negligence level of the parties contributing to the injury. Pennsylvania’s modified comparative negligence laws state that victims may recover compensation in cases where they were at fault for the injury, but only if they were less than 51% responsible. The insurance company will reduce the victim’s injury settlement according to the degree of fault.
How is the Level of Negligence Determined in an Accident?
Knowing that comparative negligence plays a role in their final settlement, many accident victims’ first question is: How do insurance companies determine the level of fault for an injury? The insurance company and the courts, if the case makes it to trial, will examine the following evidence in determining fault:
Photos of the accident scene
Witness testimony
Cell phone footage
Red light camera footage
Police reports
Common Examples of Comparative Negligence Injury Cases
Multi-Vehicle Collisions
Comparative negligence often applies in multi-vehicle collision cases, with more than two vehicles involved in a crash. In multi-vehicle collisions, it’s likely one driver was driving over the speed limit while another was driving recklessly and was the primary reason for the accident. The insurance adjuster will reduce the speeding driver’s compensation based on their level of responsibility.
Failure to Consider Surroundings in Slip and Fall Cases
In slip and fall cases, comparative negligence can apply when an injured person should have been paying greater attention to their surroundings at the time of injury. For example, if an injury victim slips and falls in a store and footage shows they were not paying attention. The victim may bear a portion of the responsibility for the accident and their injuries.
These examples highlight the benefits of working with an injury lawyer with years of experience settling comparative negligence cases.
How Can a Personal Injury Lawyer Help in a Comparative Negligence Case?
Under the rules of comparative negligence, establishing your level of fault and working with a lawyer who can clearly articulate the other party’s responsibility can make a significant difference in your final settlement.
Personal injury lawyers like Jeffrey Penneys have decades of experience litigating negligence cases and fighting against insurance companies when the company’s adjustors blame their clients for a high percentage of the accident damages. In cases where the result and your settlement are up for debate based on your level of fault, a personal injury lawyer can provide vital guidance and expertise.
During contested comparative negligence cases, personal injury lawyers will work with engineers and accident reconstruction teams to help explain the other responsibilities. They can also help put together clear evidence of your injuries, helping establish the opposing party was culpable and that they owe you a specific sum for your medical care and loss of income due to your injuries.
Call Jeffrey Penneys for a Free Comparative Negligence Case Review
As an experienced advocate for Pennsylvania injury victims, Jeffrey Penneys works with clients throughout the state and fights for their rights to compensation. He can help you understand comparative negligence and how it may apply to your case, and defend you if the other party is blaming you for your injuries.
Don’t settle for less than you deserve in your injury case. Book a free, no obligation consultation with Jeffrey Penneys or call (215) 771-0430 to speak with Jeffrey directly.