When you’re injured due to someone else’s negligence or recklessness, you have the right to seek compensation for your damages. However, in some cases, the injured party may also be partially responsible for the accident. In these situations, Wyoming follows a comparative fault rule that can impact the amount of compensation you receive. In this article, we’ll outline what comparative fault is and how it works in Wyoming personal injury cases.
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What is Comparative Fault?
Comparative fault, also known as comparative negligence, is a legal principle that determines each party’s degree of fault in an accident. If more than one party is responsible for an accident or injury, each party’s percentage of fault is determined. The amount of compensation each party receives is then based on their percentage of fault.
For example, if you were injured in a car accident, and it was determined that the other driver was 80% at fault and you were 20% at fault, your compensation would be reduced by 20%.
Types of Comparative Fault
Wyoming follows a modified comparative fault rule, which means that an injured party can recover damages as long as their fault does not exceed a certain percentage. There are two types of modified comparative fault:
50% Bar Rule
Under the 50% bar rule, an injured party cannot recover damages if their percentage of fault is greater than 50%. If the injured party is found to be 50% or less at fault, they can still recover damages, but their compensation will be reduced by their percentage of fault.
For example, if you were injured in a slip and fall accident at a store and it was determined that you were 40% at fault because you were texting and not paying attention, you could still recover damages, but your compensation would be reduced by 40%.
51% Bar Rule
Under the 51% bar rule, an injured party cannot recover damages if their percentage of fault is greater than 51%. If the injured party is found to be 50% or less at fault, they can still recover damages, but their compensation will be reduced by their percentage of fault.
Wyoming follows the 51% bar rule.
How Comparative Fault Works in Wyoming
In Wyoming, a jury or judge determines each party’s percentage of fault based on the evidence presented in court. This can include witness testimony, expert testimony, medical records, accident reports, and other evidence.
Once fault percentages are determined, the injured party’s compensation is reduced by their percentage of fault. For example, if the injured party is found to be 20% at fault and their damages total $100,000, their compensation would be reduced by 20%, or $20,000, leaving them with $80,000 in compensation.
Why Comparative Fault Matters in Personal Injury Cases
Understanding comparative fault is important in personal injury cases because it can impact the amount of compensation you receive. If you’re partially at fault for an accident, your compensation will be reduced. In some cases, being found partially at fault can even result in a complete loss of compensation.
If you’ve been injured in an accident, it’s important to understand the comparative fault rules in Wyoming and how they may apply to your case. An experienced personal injury attorney can help you navigate the legal process, gather evidence, and fight for the compensation you deserve.
Conclusion
Comparative fault is a legal principle that can impact the amount of compensation an injured party receives in a personal injury case. Wyoming follows a modified comparative fault rule, which means an injured party can recover damages as long as their percentage of fault does not exceed 51%. If you’ve been injured in an accident, it’s important to seek the advice of an experienced personal injury attorney to help you navigate the legal process and fight for the compensation you deserve.