Property owners have a legal responsibility to maintain their premises in a proper condition for tenants and visitors. Management can minimize slip and fall accidents by installing security lights and warning signs on slippery surfaces. An experienced slip and fall lawyer can help you get proper compensation if you get injured due to management negligence in keeping their property safe for use. The comparative negligence principle can be applied to determine the amount claimable when you are partially at fault.
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How Comparative Negligence Works
Allocation fault is a concept used in comparative negligence, where an accident victim’s compensation amount is reduced due to their attributable faults. The principle splits the responsibility of covering the damage. Comparative negligence tends to vary in different jurisdictions, necessitating the need for interpretation by a slip and fall lawyer.
Insurance companies apply comparative negligence in assigning fault where two parties are involved in a slip and fall case. Before processing your claim, the policy provider asks various questions to determine the source of the fault. Insurance companies focus on reducing liability on their side by reviewing actions that might have contributed to the event. Determining the fault informs how much the policy provider parts with as compensation to the victim.
Categories of Comparative Negligence
There are various comparative practices followed in determining the percentage you receive as a slip and fall case victim. Partnering with a lawyer helps analyze comparative negligence applicable in your state. The major categories include:
Pure Comparative Negligence
In states that follow pure comparative negligence, the plaintiff is entitled to recover a higher percentage of the damage even when at fault. In cases where the defendant is 1% liable for the blame, comparative negligence will allow 1% recovery for damages incurred. This principle gives plaintiffs a stable bargaining position when negotiating for payments.
Modified Comparative Negligence
The modified comparative negligence principle limits plaintiffs to recover monetary compensation if their faults extend beyond the assigned percentage. There are bar rules that determine the percentages based on your state, as some states may set the 50% mark as their baseline. The shared responsibility promotes caution and may contribute to a reduced accident.
The Role of an Attorney in Comparative Negligence
Dealing with an insurer becomes more complex, especially when they have provisions like comparative negligence to dispute fault. Hiring a lawyer enables you to get fair compensation as they use their law skills to fight for your rights. Some of the roles of slip and fall lawyer include:
Investigating and Evaluating the Case
Lawyers depend on evidence to fight for their clients’ rights in court. Using their experience in case evaluation, lawyers examine every detail presented to them to build a strong defense. This includes evaluating police reports and witness statements to determine what might have led to the fall.
Understanding Comparative Negligence Laws
Each state has its own comparative negligence laws, but the lawyer uses their networks to stay current with rules. They get into finer details like percentage thresholds to enable them to come up with correct figures when defending clients. An experienced lawyer will explain how the law in your jurisdiction affects your compensation.
Determining the Degree of Fault
Acting on the evidence presented to them and their professional assessment, your lawyer determines the degree of fault. The comparative negligence principle hinges on percentages to assign responsibility to parties involved in an accident. Your attorney checks if the property owner failed to take care of slippery surfaces or maintain a handrail on a staircase. The lawyer highlights any indication of negligence in their evidence to support your case in a court of justice.
Negotiating With Insurance Companies
Insurance companies can use tactics to reduce the amount they pay their clients. Lawyers have handled such cases in the past, allowing them to use their experience to champion fair compensation. Based on the collected evidence, lawyers can state the extent of your injury and how it has affected your daily work and home life.
Partner With Slip and Fall Lawyer
Slip and fall cases are caused by flooring issues, lighting problems, negligent maintenance, and more. As a tenant or a visitor on a premise, you can sue the management for compensation when you get involved in an accident triggered by negligence. Partner with a slip and fall lawyer for legal representation and guidance on your rights.
