Personal injury can happen to anyone, and in any place. From car accidents to slip and fall incidents, victims often suffer painful injuries that can also incur steep medical bills. But what happens when the victim is also partially at fault for the accident? In Idaho, courts use a legal concept called comparative negligence to determine the damages that a plaintiff can recover in a personal injury claim. Understanding how this concept affects your claim can give you a better idea of what to expect when presenting your case.

What is Comparative Negligence?

Comparative negligence is a legal theory used in many U.S. states that takes into account each party’s degree of fault in an accident. Essentially, it means that your damages will be reduced in proportion to your level of fault. In Idaho, there are two types of comparative negligence:

Pure Comparative Negligence

Under pure comparative negligence, you can recover damages even if you are 99% at fault. However, your recovery will be reduced by the percentage of negligence that is attributed to you.

For instance, if you are in a car accident and are deemed 25% at fault for failing to properly signal a turn, but the other driver bears 75% of the fault due to speeding, your damages will be reduced by 25%.

Modified Comparative Negligence

Idaho also follows the modified comparative negligence theory, which sets a threshold for the plaintiff’s level of negligence. Under this method, you cannot recover damages if you are deemed to be more than 50% at fault for the accident.

For instance, using the example above, if it was determined that the plaintiff was 51% at fault for failing to signal a turn, that plaintiff would not be able to recover any damages.

This threshold applies to all personal injury cases in Idaho.

How Does Comparative Negligence Affect My Personal Injury Claim in Idaho?

If you are filing a personal injury claim in Idaho, it is important to understand how comparative negligence can impact your case. Here are some things to keep in mind:

Burden of Proof

The plaintiff in a personal injury case has the burden of proving that the defendant was negligent and that the negligence caused the plaintiff’s injuries. In cases involving comparative negligence, the plaintiff must also prove that their own negligence did not exceed the threshold of 50%.

Comparative Negligence as a Defense

The defendant in a personal injury claim may use comparative negligence as a defense. They may argue that the plaintiff’s own negligence contributed to the accident and that their damages should be reduced accordingly.

It is the defendant’s responsibility to prove that the plaintiff was at fault. If the defendant can successfully prove that the plaintiff was more than 50% at fault, the plaintiff will not be able to recover any damages.

Damages Calculation

Comparative fault is calculated during the damages phase of a personal injury trial. During this phase, the court will determine the total damages that the plaintiff is entitled to. The court will then reduce the damages by the percentage of the plaintiff’s fault.

For instance, if the plaintiff was awarded $100,000 in damages but was deemed 25% at fault, their damages would be reduced by $25,000 to $75,000.

Conclusion

Comparative negligence is an important legal principle that can significantly impact the outcome of a personal injury claim. If you are pursuing a personal injury case in Idaho, it is important to understand how comparative negligence works and how it can affect your damages award. Consulting with an experienced personal injury attorney can help you navigate this complex area of law and maximize your chances of securing a fair settlement or judgment.