If you’ve been hurt in an accident, you’re not alone. Millions of people are injured in the United States every year. In many cases, an individual’s negligence plays a significant role in causing the accident. However, there are rare cases where it can be challenging to assign full responsibility for the accident to one party. In such situations, the concept of comparative negligence comes into play.

Understanding the concept of comparative negligence

Comparative negligence is a legal principle that determines how damages are apportioned in a personal injury case when both parties share some level of blame for the accident.

Under Michigan state law, the amount of damages awarded to an injured party may be reduced in proportion to their level of fault. This means that if the plaintiff is found to be partially responsible for the accident, the damages they receive from the defendant will be proportionally reduced.

How does comparative negligence work in Michigan?

Suppose you’re involved in a car accident in Michigan, and it is determined that you were 20% responsible for the accident. In that case, your damages will be reduced by 20%. This means that if your damages are calculated to be $100,000, you will receive $80,000 in compensation.

Michigan follows the rule of modified comparative fault, which means that if an injured party is found to be more than 50% responsible for the accident, they cannot recover any damages from the other party. This rule is referred to as the 50% bar rule.

Factors considered in comparative negligence

The following are some of the factors that are considered when determining the level of fault in a personal injury case:

• The cause or causes of the accident
• Any laws or regulations that were violated
• The actions or behaviors of each party before and during the accident
• Any contributing factors, such as weather or poor road conditions

Importance of hiring a personal injury attorney

If you’re involved in an accident where both parties may share some level of fault, it’s important to work with an experienced personal injury attorney who can fight for your rights and ensure that you receive the compensation you deserve.

An experienced personal injury attorney can help you in the following ways:

• Investigating the accident to determine the cause and factors contributing to it
• Negotiating with the insurance company to ensure that you’re treated fairly
• Proving that the other party was predominantly at fault for the accident, even if you share some level of responsibility
• Advising you on how to handle communication with the other party’s insurance company
• Representing you in court if necessary

Conclusion

Comparative negligence is an essential concept to understand if you’re involved in a personal injury case in Michigan. If you share some level of responsibility for an accident, your damages may be reduced proportionally. However, with the help of an experienced personal injury attorney, you can fight to receive the compensation you deserve.