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Understanding the Impact of Modified Comparative Negligence on Accident Claims

modified comparative negligence accident claims
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The Impact of Modified Comparative Negligence on Your Claim

When you’ve been injured in an accident, you may be entitled to compensation for your medical bills, lost wages, and other damages. But how much you can receive depends on a variety of factors, including the legal concept of modified comparative negligence.

What is Modified Comparative Negligence?

Modified comparative negligence is a legal concept that is used to determine the amount of compensation a person can receive after an accident. It is based on the idea that both parties involved in an accident may have contributed to the incident, and that the amount of compensation should be based on the degree of fault.

Under modified comparative negligence, if you are found to be more than 50% at fault for an accident, you are not entitled to any compensation. If you are found to be 50% or less at fault, you can receive compensation, but the amount you receive will be reduced by the percentage of fault attributed to you.

How Does Modified Comparative Negligence Impact Your Claim?

If you are involved in an accident, the other party may try to prove that you were partially or fully responsible for the incident. If they are successful, your compensation could be reduced or eliminated entirely.

For example, if you were involved in a car accident and the other party was found to be 70% at fault and you were found to be 30% at fault, your compensation would be reduced by 30%. So, if you were entitled to $10,000 in compensation, you would only receive $7,000.

What Can You Do to Protect Your Rights?

If you’ve been injured in an accident, it’s important to take steps to protect your rights and ensure that you receive the full amount of compensation you are entitled to. Here are a few tips to keep in mind:

  • Gather Evidence: As soon as possible after the accident, gather evidence that can help prove your case. This may include photos of the accident scene, witness statements, and medical records.
  • Consult an Attorney: An experienced personal injury attorney can help you navigate the legal process and ensure that your rights are protected.
  • Be Prepared to Negotiate: The other party may try to reduce your compensation by claiming that you were partially at fault. Be prepared to negotiate and make sure that you receive the full amount of compensation you are entitled to.

Conclusion

Modified comparative negligence can have a significant impact on the amount of compensation you receive after an accident. It’s important to understand how this legal concept works and take steps to protect your rights. By gathering evidence, consulting an attorney, and being prepared to negotiate, you can ensure that you receive the full amount of compensation you are entitled to.

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