If you’ve been injured in an accident in Arizona, you might be wondering how the concept of comparative negligence affects your ability to recover compensation. This legal principle plays a crucial role in determining fault and how damages are awarded in personal injury cases. In Arizona, comparative negligence can significantly impact the outcome of your injury claim, whether you’re seeking compensation from an insurance company or pursuing a lawsuit against another party.
In this blog, we’ll explore what comparative negligence is, how Arizona applies this rule, and what it means for your potential injury claim.
What is Comparative Negligence?
In the context of personal injury law, comparative negligence refers to a legal doctrine used to allocate responsibility (and liability) when both parties involved in an accident share some degree of fault. Unlike contributory negligence, which bars a plaintiff from recovering damages if they are even partially at fault, comparative negligence allows a person to recover compensation for their injuries, even if they are partially responsible for the accident.
Under comparative negligence, the amount of compensation you are entitled to will be reduced in proportion to your degree of fault. For example, if you were found to be 30% at fault for the accident, your total recovery would be reduced by 30%.
Arizona’s Comparative Negligence Law
Arizona follows a pure comparative negligence rule, which means that a plaintiff can recover damages even if they are 99% at fault for the accident. However, the amount of compensation they receive will be reduced by their percentage of fault.
For instance, if a jury awards you $100,000 in damages but determines that you were 40% at fault for the accident, you would only receive $60,000 ($100,000 minus the 40% reduction).
Example of How Comparative Negligence Works in Arizona:
Let’s say you were involved in a car accident. The other driver ran a red light and collided with your vehicle, but you were speeding at the time. The court finds that the other driver was 70% responsible for the accident, and you were 30% responsible because you were speeding.
In this case, if the jury awards you $50,000 in damages for your injuries, your recovery will be reduced by 30% due to your own fault. Therefore, you would receive $35,000 ($50,000 minus the 30% reduction).
How Comparative Negligence Affects Your Injury Claim
Understanding how Arizona’s comparative negligence rule affects your injury claim is essential for maximizing your compensation and protecting your rights. Here’s how it impacts different stages of your case:
1. Determining Liability
The first step in any injury claim is to determine who is at fault for the accident. In Arizona, both parties’ conduct will be assessed to determine the percentage of fault each party bears. If you are partially at fault, this percentage will be used to reduce your recovery.
For example, in a car accident, if the evidence shows that you were partially speeding, distracted, or failed to follow traffic rules, your own actions will be considered when assigning fault. However, even if you share some blame, you are still entitled to compensation, though it will be reduced according to your level of fault.
2. Insurance Claims
When dealing with insurance companies, comparative negligence plays a significant role in how your claim is handled. If you are found to be partially at fault for the accident, the insurance company will apply the comparative negligence rule to reduce the settlement amount.
Let’s say your total claim is worth $50,000, but the insurance company determines that you were 25% at fault. In this case, they will only offer you $37,500 (a reduction of 25%).
It’s important to be aware that insurance companies often try to shift blame onto the injured party in order to reduce the amount they have to pay. That’s why it’s essential to have an experienced attorney on your side who can help you prove the other party’s fault and minimize your own degree of liability.
3. Personal Injury Lawsuits
If your case goes to trial, the concept of comparative negligence will come into play during the trial process. Both your attorney and the defense will present evidence to argue how much each party is responsible for the accident.
The jury will then assign a percentage of fault to each party. If the jury finds that you are partially responsible, they will adjust the damages accordingly.
However, because Arizona follows the pure comparative negligence rule, even if the jury finds you 99% at fault, you can still recover the remaining 1% of the damages.
4. Settlement Negotiations
In settlement negotiations, comparative negligence plays a crucial role in determining the final settlement offer. If the defense believes that you share some degree of fault, they may offer you a lower settlement than you initially expected. Conversely, if the defense believes you have little to no fault, you may receive a higher settlement offer.
5. Contributory Negligence vs. Comparative Negligence
Some states follow the contributory negligence rule, which can bar a person from recovering any damages if they are found even 1% at fault. Fortunately, Arizona follows a more lenient approach, allowing individuals to recover damages even when they are significantly at fault.
Key Takeaways
- Comparative negligence in Arizona allows a plaintiff to recover damages even if they are partially at fault for the accident.
- Arizona follows a pure comparative negligence rule, which means your damages will be reduced by your percentage of fault, but you can still recover compensation even if you’re 99% at fault.
- Insurance companies and jurors will assess the degree of fault each party bears when determining how much compensation you are entitled to.
- Having an experienced personal injury attorney is critical to ensuring your percentage of fault is minimized and that you recover the full amount of compensation you are entitled to.
If you’ve been injured in an accident, it’s important to consult with a personal injury attorney who understands the complexities of Arizona’s comparative negligence laws. A skilled attorney can help you navigate the process, gather evidence to support your claim, and advocate on your behalf to ensure you receive the compensation you deserve.
If you’re unsure about how comparative negligence might affect your specific case, don’t hesitate to reach out for a consultation. Your attorney can provide a clear picture of how Arizona’s negligence laws will apply to your injury claim and help you pursue the best possible outcome.