When you suffer a personal injury due to someone else’s negligence or wrongdoing, you have the legal right to seek compensation for your damages. However, what happens if you were partially responsible for the accident? In Arizona, the concept of comparative fault applies to personal injury claims. This means that damages may be reduced based on the percentage of fault attributed to the injured party. This article will explore how Arizona’s comparative fault law may impact your personal injury claim.
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Understanding Comparative Fault
Arizona is a comparative fault state, which means that the amount of damages a plaintiff can recover in a personal injury lawsuit will be reduced according to their percentage of fault. Under this system, the court apportions fault among the parties involved in the accident. For example, if the court finds that the plaintiff was 25% at fault for the accident, and the other party was 75% at fault, the plaintiff’s damages award will be reduced by 25%.
Apportioning Fault
In Arizona, the courts use a modified comparative fault system to apportion fault. This means that the plaintiff can only recover damages if their percentage of fault is less than 50%. If the plaintiff’s percentage of fault is 50% or greater, they will be barred from recovery.
Impact on Damages
Comparative fault can have a significant impact on the amount of damages you can recover. For example, if your damages total $100,000, but you are found to be 25% at fault for the accident, your damages award will be reduced by $25,000, and you will receive $75,000 in damages.
Defenses for Comparative Fault
If you are facing a personal injury claim in Arizona based on comparative fault, there are several defenses you can use to reduce your liability. One of the most common defenses is to argue that the plaintiff’s own negligence was the primary cause of the accident. Another strategy is to argue that the plaintiff contributed to their own injuries by failing to follow safety rules, such as wearing a seatbelt or failing to avoid a known hazard.
Comparative Fault in Practice
It is often challenging to determine the percentage of fault for each party involved in an accident. This is why it is crucial to work with an experienced personal injury attorney who is familiar with Arizona’s comparative fault laws. Your attorney can help gather evidence to support your claim and work to minimize your liability.
Conclusion
If you have suffered a personal injury due to someone else’s negligence in Arizona, it is essential to understand how comparative fault works. This system can significantly impact the damages you can recover, and it is crucial to work with an experienced attorney who is familiar with Arizona’s laws to maximize your compensation. With the right legal representation, you can navigate the complicated world of comparative fault and secure the compensation you deserve.