Delaware, like many other states, follows the legal principle of comparative negligence, which determines how much compensation an injured person can recover in a personal injury case when both the plaintiff and defendant share fault for the accident. The concept of comparative negligence is complex, and understanding this legal theory can significantly impact your personal injury claim.
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What Is Comparative Negligence?
Comparative negligence is a legal concept that determines the percentage of fault between the plaintiff (injured party) and the defendant (person/organization who caused the accident). It is a way for courts to divide fault in accidents where both parties share responsibility for the injury.
Delaware uses the modified comparative negligence rule in personal injury claims, which means that if the plaintiff is found to be less than 51% responsible for the accident, they may still be able to recover compensation for their losses. However, the amount of compensation they can receive is reduced by the percentage of their own fault. For example, if a plaintiff is found to be 20% responsible for an accident and they suffer $100,000 in damages, their compensation will be reduced by 20%, leaving them with $80,000 in compensation.
Impact on Personal Injury Cases in Delaware
Comparative negligence can have a significant impact on personal injury cases in Delaware, as it can reduce the amount of compensation a plaintiff can receive for their losses. This is because the court will look at the actions of both the plaintiff and the defendant to determine the degree of fault.
For example, if a driver is speeding, and another driver runs a red light, causing an accident, both drivers could be found partially responsible. The court may determine that the driver who ran the red light was 70% responsible, while the speeding driver was 30% responsible. If the injured driver is seeking $100,000 in damages, they will only be able to recover $30,000 if they are found to be 30% responsible.
How Comparative Negligence Is Determined
Determining comparative negligence can be a complex process, and it usually involves reviewing the facts of the accident, gathering evidence, and assessing witness testimonies. Factors that can affect comparative negligence include:
- Whether the injured person was following traffic rules or behaving negligently
- Whether the defendant acted reasonably to prevent the accident from happening
- Whether there were any factors beyond the control of the parties that contributed to the accident
- The severity and extent of the injuries suffered by the plaintiff
In some cases, the court may appoint a jury to determine the degree of negligence by each party.
Importance of Legal Representation
If you have suffered a personal injury in Delaware, it is essential to seek the help of an experienced personal injury attorney. A legal representative can help you gather evidence, and build a solid case to demonstrate the defendant’s negligence. An attorney can also negotiate with insurance adjusters and defendants to help you secure the compensation you deserve for your losses.
Conclusion
Comparative negligence is a crucial concept in Delaware personal injury law. Understanding how this legal theory applies to your case can significantly impact the amount of compensation you can recover for your losses. With the help of an experienced personal injury attorney, you can navigate the intricacies of comparative negligence and build a strong case to seek the compensation you need to move forward.