When you’re involved in an accident, it’s natural to assume that someone else’s negligence is the cause of your injuries. However, in some cases, both parties involved may share some level of responsibility. In Pennsylvania, the state’s comparative negligence law plays a crucial role in determining how much compensation you can recover in a personal injury claim when fault is shared. Understanding this law is essential for anyone pursuing a personal injury claim in the state, as it can affect both the outcome of your case and the amount of damages you may be entitled to.

In this blog, we’ll take a closer look at how Pennsylvania’s comparative negligence law works, how it might affect your personal injury claim, and what you can do to protect your rights after an accident.

What is Comparative Negligence?

In simple terms, comparative negligence is a legal doctrine that allows a court to assign a percentage of fault to each party involved in an accident. This means that if you are partially responsible for the incident that caused your injuries, your compensation may be reduced based on your degree of fault.

For example, if you’re involved in a car accident and the court finds that you were 20% at fault for the crash, your compensation would be reduced by 20%. In contrast, if the other driver was 80% responsible, you would be able to recover 80% of the total damages from them.

Pennsylvania follows a modified comparative negligence system, which has specific rules about how fault is assigned and how it affects a person’s ability to recover damages. Under this system, you can still pursue compensation as long as you are not more than 50% at fault for the accident.

How Comparative Negligence Works in Pennsylvania

In Pennsylvania, if you are found to be less than 51% at fault for an accident, you are still eligible to recover compensation. However, your damages will be reduced by the percentage of fault assigned to you. Here’s a breakdown of how the system works:

1. Determining Fault: The first step in a personal injury case is determining who was at fault. This often involves gathering evidence, such as witness statements, police reports, and expert testimony. The court will then evaluate the evidence and assign a percentage of fault to each party involved in the accident.
2. Adjusting Compensation: Once fault is determined, the compensation you are entitled to will be adjusted accordingly. For instance, if you are awarded $100,000 in damages but found to be 30% at fault, your total recovery would be reduced by 30%, meaning you would receive $70,000.
3. Barred Claims for Higher Degrees of Fault: If you are found to be 51% or more responsible for the accident, you will be completely barred from recovering damages. This rule is a significant distinction of Pennsylvania’s comparative negligence law, as some states may allow individuals to recover partial compensation even if they are mostly at fault.

How Shared Fault Affects Different Types of Personal Injury Claims

The application of Pennsylvania’s comparative negligence law can vary depending on the type of personal injury claim you are pursuing. Let’s explore how this law impacts a few common personal injury cases:

1. Car Accidents: Car accidents are one of the most common scenarios where comparative negligence is applied. In many cases, both drivers may share some responsibility. For example, one driver may run a red light while the other was speeding. In such cases, the percentage of fault assigned to each party will determine how much each party can recover. If the other driver is mostly at fault, you may still recover the majority of the damages even if you bear some responsibility for the crash.
2. Slip and Fall Accidents: If you slip and fall on someone else’s property, you may be entitled to compensation if the property owner’s negligence contributed to the accident. However, if the court determines that you were partially to blame—such as if you were not paying attention while walking—the compensation you can recover will be reduced based on your share of the fault.
3. Workplace Injuries: In some cases, workers’ compensation might be the primary means of recovering compensation for workplace injuries. However, if another party (such as a contractor or another company) was responsible for your injury, you may have a personal injury claim. If you are partially at fault in such cases, the comparative negligence law could reduce the amount of compensation you can recover.
4. Medical Malpractice: If you are the victim of medical malpractice, but the healthcare provider can argue that your own actions (such as not following medical advice) contributed to your injury, your recovery may be reduced based on the percentage of fault attributed to you. Medical malpractice cases can be especially complex when comparative negligence is involved, and a skilled lawyer can help ensure that your interests are protected.

Challenges in Proving Fault

While Pennsylvania’s comparative negligence law allows for a fair distribution of responsibility in accident cases, proving fault can be challenging. The burden of proof rests on the plaintiff—the person who is injured—to show that the other party’s negligence caused the accident and that the damages claimed are directly related to the injuries sustained.

In cases where fault is shared, both sides may argue that the other party was more at fault. This can create disputes over the percentage of fault assigned to each party, which could result in a reduced settlement or even a dismissal of the claim if the plaintiff is found to be largely at fault.

This is why having an experienced personal injury attorney is so important. A lawyer can gather evidence, work with experts, and present a compelling case to demonstrate that the other party’s negligence was primarily responsible for your injuries, even if you bear some responsibility.

What Can You Do to Protect Your Claim?

If you’ve been involved in an accident and are concerned that comparative negligence may affect your ability to recover damages, there are steps you can take to protect your claim:

1. Document Everything: Keep a thorough record of all evidence related to the accident. This includes taking photos of the scene, obtaining witness statements, and getting a copy of the police report.
2. Consult a Personal Injury Attorney: A lawyer will help you understand how Pennsylvania’s comparative negligence law applies to your case and ensure that your claim is pursued effectively. An attorney can also help you navigate complex legal arguments about shared fault and protect your interests.
3. Be Honest About Your Role: While you may be tempted to downplay your involvement in the accident, honesty is crucial. A lawyer can help you understand how to present your case in the best light while still being truthful about the circumstances.

Conclusion

In Pennsylvania, the application of comparative negligence law can have a significant impact on your personal injury claim. If you are partially at fault for an accident, the compensation you receive may be reduced, but you can still recover damages as long as you are not more than 50% at fault. Understanding how this law works and how it affects your claim is essential to protecting your rights and securing fair compensation.

If you’ve been injured in an accident and are concerned about how shared fault may affect your case, Kingbird Legal is here to help. Our team of experienced personal injury attorneys will guide you through the complexities of your claim, ensuring that you receive the compensation you deserve. Contact us today for a free consultation to discuss your case.