When a personal injury occurs in Rhode Island, determining who is at fault can become a complicated matter. In some cases, both parties may share some level of responsibility for the accident. This is where the legal principle of comparative negligence comes into play. Read on to learn more about how comparative negligence works in Rhode Island personal injury cases.
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What is Comparative Negligence?
Comparative negligence is a legal concept that allows the court to determine and assign the degree of fault for an accident between the parties involved. In Rhode Island, if both parties are found to be at fault, the court will allocate the percentage of fault between them. This percentage will be used to determine the amount of damages each party owes or is owed.
Pure Comparative Negligence in Rhode Island
Rhode Island is a pure comparative negligence state. This means that even if one party is deemed to be 99% at fault in an accident, they can still recover 1% of damages from the other party. There is no cap on how much either party is liable for in damages.
How is Comparative Negligence Determined in Rhode Island?
When determining comparative negligence in Rhode Island, the court looks at several factors. These include:
- The actions of both parties leading up to the accident
- The level of care each party exhibited
- The degree to which each party was responsible for the accident
- Any violations of traffic laws or other applicable regulations
- The severity of damages sustained by each party
Once the court has considered these factors, it will assign a percentage of fault to each party involved.
Impact of Comparative Negligence on Damages
The percentage of fault assigned to each party has a direct impact on the amount of damages that can be recovered. For example, let’s say that the total damages in a case are $100,000. If the court determines that one party is 80% at fault and the other party is 20% at fault, the damages will be allocated accordingly. The party found to be 80% at fault will be liable for $80,000 in damages, while the party found to be 20% at fault will only be liable for $20,000 in damages.
How Can a Personal Injury Attorney Help with Comparative Negligence?
Navigating comparative negligence can be challenging, but an experienced personal injury attorney can help. They can investigate the accident, gather evidence, and build a strong case on your behalf. Your attorney can also negotiate with insurance companies and represent you in court if necessary. By working with an attorney, you can ensure that your rights are protected and that you receive the compensation you deserve.
Conclusion
In Rhode Island, comparative negligence is a legal principle that is used to determine the amount of responsibility each party has in a personal injury case. If both parties are deemed to be at fault, the court will assign a percentage of fault to each party, which will determine the amount of damages each party owes or is owed. Partnering with an experienced personal injury attorney can help you navigate the complexities of comparative negligence and achieve a fair outcome in your case.