What is Comparative Negligence?
When pursuing a personal injury claim in Utah, you’re bound to hear the term “comparative negligence” if you’re the plaintiff seeking financial compensation for damages. The comparative negligence doctrine places bars on seeking recovery if the person filing the claim contributed 50% or more fault to the injury-causing incident.
Meeting this bar means that you will not be able to receive any compensation for the damages. However, having below 50% may only entitle you to partial compensation.
How Does Comparative Negligence Affect My Claim?
As mentioned previously, the comparative negligence doctrine may restrict you from being able to pursue compensation at all. However, the percentage of fault contributed may be difficult to prove. Calculating the fault for each party is based on the evidence brought forward, so having a skilled injury attorney by your side through the process is essential for ensuring you get the compensation you deserve.
How Do I Prove Fault?
Since Utah operates on a no-fault system for insurance claims, in cases like car accidents, you may have to prove that you sustained a “serious injury” and have reached the maximum amount allowed for your personal injury protection (PIP) coverage. Doing so allows you to seek further damages, like non-economic damages, from the at-fault individual.
To further prove their fault, hiring an experienced personal injury firm can help you pursue a claim based on negligence. You can learn more about that here.
Steele Adams Hosman is the Representation You Need
When you’ve been injured by another individual, you don’t have to face them or the insurance companies alone. The award-winning attorneys at Steele Adams Hosman are here to help you through the process from start to finish. Schedule a free consultation with a member of our team by calling (801) 999-1506 or filling out this short form.