Arizona follows a legal principle known as pure comparative negligence when calculating personal injury damages. The pure comparative negligence system allows accident victims who were partially at fault for their injuries to receive proportionate compensation. This means that even if someone is partially at fault, they can still recover damages. Their award will be reduced by their percentage of fault for the accident. Read on to learn more about Arizona’s comparative negligence laws.
What Is Comparative Negligence?
Comparative negligence, sometimes called comparative fault, is a legal principle used to determine liability for civil claims. In essence, comparative negligence recognizes that even though a plaintiff may be partially at fault for their injuries, they should still recover some damages.
Arizona comparative negligence laws differ from those in states that use “contributory negligence” or “modified comparative negligence” principles to assign fault after accidents. Contributory negligence means that if the plaintiff carries any fault for their injuries, they are completely barred from recovering damages. Modified comparative negligence means the plaintiff can only carry fault up to a certain threshold, typically 50 or 51 percent. If the plaintiff’s fault exceeds that threshold, they cannot recover any damages.
Understanding the basics of comparative negligence is critical when seeking compensation in a personal injury case. A knowledgeable Arizona personal injury lawyer will be able to help you understand how comparative negligence applies to your claim.
How Do Arizona Comparative Negligence Laws Affect My Personal Injury Claim?
The principle of pure comparative negligence affects your accident claim primarily regarding how much you’ll receive in compensation.
In pure comparative negligence states, the plaintiff’s damages are reduced by their percentage of fault. For example, if awarded $100,000 in personal injury damages when you were 30 percent responsible for your injuries, your award would be reduced to $70,000.
Pure comparative negligence is generally applied to car accidents, slip and falls, and similar claims. For example, you might have been injured as a pedestrian when you were hit by the defendant’s car. However, if you walked into traffic when you did not have the right of way, the accident might not have happened.
What Are the Elements of Negligence and Fault Determination in Arizona Personal Injury Cases?
There are four essential elements of proving fault in any negligence case.
Duty of Care
First, you must prove that the defendant owed a duty of care. This means that the defendant was responsible for taking reasonable care to avoid harming others. Examples of the duty of care include a doctor’s obligation to give patients adequate care or a driver’s obligation to keep other drivers safe on the road.
Breach of Duty
Once the duty of care has been established, you must prove that the defendant breached their duty to you. This means that the defendant engaged in behavior that failed to keep you safe per the obligations they owed you.
Causation
You must also establish that the defendant’s breach of duty caused your injuries. Direct causation is typically easy to prove. This occurs when the defendant’s actions are the immediate cause of your injury, such as a car accident that injures you immediately. You must also prove “proximate causation,” meaning the defendant’s actions are too far removed in the chain of causation for liability to attach.
Damages
Finally, you must prove that you suffered compensable losses due to the accident. Damages may be economic or non-economic. Economic damages compensate for financial losses such as medical bills or lost wages. Non-economic damages compensate for things such as pain and suffering, lowered quality of life, and permanent disfigurement.
Hire Feller & Wendt LLC for Your Arizona Personal Injury Case
Sharing legal responsibility for your personal injury claim doesn’t mean you can’t recover damages. The Arizona personal injury attorneys at Feller & Wendt, LLC have extensive experience with comparative negligence law in Arizona. When you choose us, we will strive to maximize your compensation quickly and efficiently. Call 480-360-4471 or contact us online today to schedule your free legal consultation.
*This information provided by Feller & Wendt, LLC is for informational purposes only and should be in no way construed as legal advice.
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