If you’ve been involved in a personal injury case in Michigan, you may have heard the term "comparative negligence." This legal principle is important to understand, as it can impact the outcome of your case. In this article, we’ll explain what comparative negligence is, how it works, and how it may impact your case.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine that is used to determine fault in personal injury cases. Under comparative negligence, the degree of fault of each party involved in the accident is determined and assigned a percentage. This percentage is used to determine how much each party should be responsible for the damages sustained in the accident.
How Does Comparative Negligence Work?
In Michigan, the comparative negligence law is known as "modified comparative fault." This means that if you are found to have contributed to the accident, your compensation award will be reduced by the percentage of fault assigned to you.
For example, let’s say you were involved in a car accident and it was determined that you were 30% at fault for the accident. If your total damages were $10,000, your compensation award would be reduced by 30%, or $3,000. This means that you would only receive $7,000 in compensation.
However, if you are found to be more than 50% at fault for the accident, you will not be able to recover any compensation from the other party. This is known as the "50% bar rule."
Impact on Personal Injury Cases
Comparative negligence can have a significant impact on personal injury cases, as it can greatly affect the amount of compensation that a plaintiff is able to recover. If you are found to be partially at fault for the accident, your compensation award will be reduced by the percentage of fault assigned to you.
For this reason, it is important to work with an experienced personal injury attorney who can help you build a strong case and negotiate with the other party’s insurance company. Your attorney will be able to evaluate the evidence to determine how much fault can be attributed to each party involved in the accident.
Conclusion
If you’ve suffered a personal injury in Michigan, it’s important to understand how comparative negligence works and how it can impact your case. If you’re found to be partially at fault for the accident, your compensation award will be reduced by the percentage of fault assigned to you. Working with an experienced personal injury attorney can help you build a strong case and maximize your compensation award.