Personal injury cases can be complicated, especially when it comes to determining who is at fault. In the state of Utah, a comparative negligence law is used to determine who is at fault. This means that both parties involved in a personal injury case can be found partially responsible for the accident and damages. In this article, we will discuss how comparative negligence works in personal injury claims in Utah.
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What is Comparative Negligence?
Comparative negligence is a legal principle that is used to determine the liability of each party involved in a personal injury case. This principle allows for more than one party to be found at fault for an injury or accident that has occurred. The damages awarded to the injured party are then reduced based on the percentage of fault attributed to each party.
Types of Comparative Negligence
There are two types of comparative negligence:
Pure Comparative Negligence
In a pure comparative negligence system, damages awarded to the injured party are simply reduced by the percentage of fault that they are responsible for in the accident. For example, if the injured party is deemed 40% at fault for an accident, then the damages awarded will be reduced by 40%.
Modified Comparative Negligence
In a modified comparative negligence system, the injured party can only recover damages if their fault is less than a certain percentage. This percentage varies from state to state, but in Utah, the injured party must be less than 50% at fault to recover damages.
How is Comparative Negligence Determined?
In Utah, comparative negligence is determined by a jury or a judge. They will consider all of the evidence presented in the case, including witness testimony, police reports, and any other relevant documents. The jury or judge will then determine the percentage of fault for each party involved.
How Does Comparative Negligence Affect Personal Injury Claims in Utah?
Comparative negligence can greatly affect personal injury claims in Utah because a plaintiff’s recovery can be reduced or eliminated if they are found to be partially at fault for the accident. For example, if an injured party is found to be 30% at fault for a car accident, their damages will be reduced by 30%.
It is important to note that in Utah, if the injured party is found to be 50% or more at fault for an accident, they will not be able to recover any damages.
Conclusion
Comparative negligence is a complex legal principle used to determine the liability of each party involved in a personal injury case. The two types of comparative negligence are pure and modified. In Utah, injured parties must be less than 50% at fault to recover damages. Comparative negligence can greatly affect personal injury claims in Utah, as the plaintiff’s recovery can be reduced or eliminated if they are found to be partially at fault for the accident. It is important to consult with an experienced personal injury attorney to determine how comparative negligence may impact your case.