When you’re involved in an accident that results in an injury, it can be overwhelming figuring out who is at fault. Vermont personal injury laws apply the concept of comparative negligence in determining liability for damages. This means both parties involved in an accident can be at fault to varying degrees. Understanding Vermont’s Comparative Negligence Laws in personal injury cases can help you navigate the legal process.
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What is comparative negligence?
Comparative negligence refers to the percentage of fault that is assigned to each party involved in an accident. Vermont follows the modified comparative fault rule. This means that if you are less than 50% responsible for the accident, you can still recover damages. But if you are 50% or more responsible, you don’t have the right to recover damages.
How is comparative negligence determined in Vermont?
To determine the percentage of fault, the court considers several factors such as:
- The negligent actions of each party
- The degree of care they should have exercised
- The extent of the injuries and damages
The court takes into account the circumstances surrounding the accident and decides how much of the fault should be assigned to each party.
What does this mean for your personal injury case?
If you are found to be partly at fault for the accident, the damages you are entitled to receive will be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault for a car accident, your damages will be reduced by 20%. This applies to both economic and non-economic damages.
How can comparative negligence affect your settlement?
It’s important to remember that the percentage of fault assigned to you can significantly affect the amount of compensation you can receive. If you are found to be more than 50% at fault for the accident, you will not be able to receive any compensation. This is why it’s important to work with an experienced personal injury attorney who can help you gather evidence and build a strong case.
How can you prove comparative negligence?
To prove comparative negligence, you will need to gather evidence that shows the other party’s negligence and your lack of negligence. Evidence that can help your case includes:
- Eyewitness testimony
- Police reports
- Medical records
- Surveillance footage
- Expert witness testimony
Conclusion
Understanding Vermont’s Comparative Negligence Laws in personal injury cases can be complicated. If you have been injured in an accident, it’s important to work with a personal injury attorney who can help you navigate the legal process and fight for the compensation you deserve. By understanding your rights and proving comparative negligence, you can get the justice you deserve.