Comparative Negligence Attorney in Pennsylvania
When a personal injury accident occurs, there may be one party to blame. Sometimes, it is obvious that one party shares all the blame for what happened. However, it’s also possible that the fault isn’t clear. The parties may share fault. If blame for an accident is shared, comparative negligence may apply. Our personal injury law firm explains comparative negligence and how it applies in Pennsylvania.
What is Pennsylvania’s comparative negligence law?
Pennsylvania’s comparative negligence law is 42 PA Stat. § 7102. It says that negligence is not a bar to financial compensation for a plaintiff who is 50% or less responsible for an accident. The amount that the victim receives may be reduced, but they may still recover some compensation.
A personal injury attorney can help you understand what percentage of fault you may be assigned. Ultimately, the trier of fact decides. If you are 20% at fault, for example, your damages are reduced by 20%. If you are more than 50% at fault, you recover nothing.
What is joint liability among multiple tortfeasors?
The Pennsylvania comparative negligence law also addresses situations where there are more than two defendants. When there are multiple defendants, they may both or all be found liable for negligence. The question is whether each party is responsible to pay the victim the entire amount or if they pay only their share of fault.
Usually, an individual defendant must pay only for their relative share of fault. The victim must collect from each of the defendant’s for the amount that they are found liable. However, there are some important exceptions.
When there are multiple defendants involved in an intentional tort, each of them is liable to pay the defendant the entire amount. In addition, if a defendant is found 60% or more liable, they are jointly liable for the total damages. Other situations where a defendant may be jointly liable are where they are responsible for the release of a hazardous substance or certain liquor code violations.
Our lawyers for personal injury can identify whether liability is likely to be joint or several. We can work to pursue your case in the most favorable way possible. As part of your claim, we can work to challenge allegations of comparative negligence and other defenses raised in the claim. It’s critical that your complaint names all of the parties who may be responsible to pay damages.
How can I pursue a personal injury claim that involves comparative negligence?
Even if comparative negligence may be an issue in your claim, pursuing compensation may still be worthwhile. You may still receive a significant amount. Our personal injury attorney team can build your case to fight against allegations of wrongdoing to ensure that you collect the amount that you deserve.
Contact Our Legal Team Today
If comparative fault may be an issue, it’s important to work with an experienced personal injury law firm to prepare your case. Our personal injury attorney team can build the evidence in your favor and argue on your behalf for a fair determination of fault. Contact our personal injury law firm today to talk about your case.
