When pursuing a personal injury claim in Pennsylvania, it is crucial to understand the state’s comparative negligence laws. These laws determine how fault is assigned in an accident and how it affects the compensation you may receive. At Gieg & Jancula, we specialize in representing personal injury victims in Altoona, PA, ensuring they receive the maximum compensation allowed under the law. In this guide, we will break down Pennsylvania’s comparative negligence laws and how they impact your personal injury case.
What Is Comparative Negligence?
Comparative negligence is a legal principle used to assign fault in personal injury cases where multiple parties may share responsibility for an accident. Under this system, each party involved is assigned a percentage of fault, which directly affects the amount of compensation they can recover.
Pennsylvania follows a modified comparative negligence rule with a 51% bar rule. This means:
- If you are found to be 50% or less at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault.
- If you are 51% or more at fault, you are barred from recovering any compensation.
How Comparative Negligence Affects Your Compensation
Since Pennsylvania uses a modified comparative negligence system, your settlement or court award is reduced based on your level of fault. For example:
- If you are awarded $100,000 in damages but are found to be 20% at fault, your compensation will be reduced by 20%, leaving you with $80,000.
- If you are found 51% at fault, you receive nothing.
How Fault Is Determined in a Personal Injury Case
Determining fault in a personal injury case requires strong evidence. The insurance companies and courts evaluate:
- Police Reports: Official reports provide an initial assessment of fault.
- Witness Statements: Testimonies from people who saw the accident can support your claim.
- Surveillance Footage: Video evidence can be crucial in proving liability.
- Medical Records: Documentation of injuries can link them to the accident.
- Expert Testimony: Accident reconstruction specialists and medical professionals can help establish fault.
Common Personal Injury Cases Affected by Comparative Negligence
Pennsylvania’s comparative negligence law applies to various personal injury cases, including:
- Car Accidents: Multi-vehicle crashes often involve shared fault between drivers.
- Slip and Fall Accidents: Property owners may argue that the victim was partially responsible for the fall.
- Workplace Injuries: If a worker’s actions contributed to an injury, comparative negligence may apply.
- Pedestrian and Bicycle Accidents: Even if a driver is at fault, a pedestrian’s actions (e.g., jaywalking) can impact compensation.
Strategies to Minimize Your Fault Percentage
Insurance companies often attempt to shift more fault onto victims to reduce payouts. Here are some ways to protect your claim:
- Seek Immediate Medical Attention: Prompt medical care documents your injuries and links them to the accident.
- Gather Evidence: Take photos, record witness statements, and save any physical evidence.
- Avoid Discussing Fault: Never admit fault at the scene or on social media.
- Hire an Experienced Personal Injury Attorney: A skilled lawyer can challenge unfair fault assignments and negotiate a higher settlement.
Why Legal Representation Matters in Comparative Negligence Cases
Navigating Pennsylvania’s comparative negligence laws can be challenging without legal guidance. At Gieg & Jancula, we:
- Investigate your case thoroughly to build strong evidence.
- Negotiate aggressively with insurance companies.
- Represent you in court if necessary to fight for fair compensation.
Contact Gieg & Jancula for a Free Consultation
If you have been injured in an accident and are concerned about how comparative negligence might affect your claim, contact Gieg & Jancula today. Our experienced personal injury attorneys in Altoona, PA, are here to fight for your rights. Call us at 814-946-1606 or fill out our online form to schedule a free consultation.