How Does Comparative Negligence Affect My Claim?

If you have been injured in Minneapolis, MN, and it wasn’t entirely your fault, you may be able to claim compensation. Minnesota law allows claims to be filed as long as you are not primarily at fault. However, if you were partially liable, your compensation may be reduced. A personal injury attorney in Minneapolis, MN can provide invaluable guidance on how to challenge the liability assigned and secure a fair settlement.

How Does Comparative Negligence Affect My Claim?

Comparative negligence is a legal term that recognizes multiple parties can contribute to an accident. States that follow comparative negligence laws allow parties to claim compensation, even if they are partly at fault. These laws are used to assign fault, which allows a fair level of compensation to be awarded.

The opposing legal principle is contributory negligence, where no compensation can be claimed if you are even 1% at fault for an accident. Comparative negligence laws are considered fairer and have been adopted in the vast majority of states.

Is Comparative Negligence Law Applied in Minnesota?

Minnesota follows a modified comparative negligence law that has a 51% threshold. This means you can file a claim for compensation if you are less than 51% at fault for the accident. If you are deemed to be 51% or more at fault, you will not receive any compensation.

You should always seek legal advice after an accident, even if you think you may be primarily at fault. There may be additional factors that you are not aware of which may reduce your liability and make you eligible to file a claim.

How Does Liability Affect Compensation?

There’s more to liability than a simple requirement to be below the 51% threshold. The amount of fault assigned to you has a direct impact on the amount of compensation you are awarded. For example, if you are found to be 25% at fault for the accident, your compensation will be reduced by 25%. This includes both economic and non-economic damages.

For this reason, it’s essential to ensure that you are not unfairly held accountable for the accident. Insurance companies can be ruthless and may attempt to hold you responsible for a greater share than is reasonable. Hiring an experienced lawyer can help safeguard your rights and secure a fair settlement.

Hire a Personal Injury Attorney in Minneapolis, MN

Attorneys play a vital role in personal injury claims by negotiating with insurance companies and, if needed, representing you in court. Hiring a lawyer promptly after the accident can improve your chances of receiving a higher payout. This is because your attorney will have access to fresh evidence and will be able to present a strong case that proves the liability of the other party.

We have extensive experience in personal injury claims and have been serving the local St. Paul and Minneapolis communities since 1978. If you have been injured, contact us today at Rutzick Law Offices in St. Paul, MN and schedule your free consultation.

Tags: personal injury attorney, personal injury lawyer, personal injury st paul, personal injury twin cities
Posted in Personal Injury | No Comments »