Personal injury cases can be complex, and determining fault is not always straightforward. In Vermont, the legal principle of comparative negligence comes into play when multiple parties share responsibility for an accident. Understanding how comparative negligence works is essential if you’ve been injured in an incident where your actions may have played a role. In this blog post, we’ll explore the concept of comparative negligence and its impact on personal injury claims in Vermont.
What is Comparative Negligence?
Comparative negligence, also known as comparative fault, is a legal doctrine that allows for the allocation of fault among all parties involved in an accident. Under Vermont law, if you’ve been injured due to someone else’s negligence, but your actions also contributed to the incident, your potential compensation may be affected. Comparative negligence is designed to ensure that each party bears responsibility proportionate to their degree of fault.
How Does Comparative Negligence Work in Vermont?
Vermont follows the principle of “modified comparative negligence with a 51% bar.” This means that you can seek compensation for your injuries as long as you are not found to be 51% or more at fault for the accident. If you are determined to be 50% or less at fault, your compensation will be reduced proportionately to your degree of fault. For example, if your damages amount to $10,000, but you are found 20% at fault, your compensation will be reduced by 20%, resulting in $8,000 in total compensation.
The Importance of Proving Fault
In personal injury cases involving comparative negligence, establishing fault becomes crucial. Insurance companies often try to shift blame onto the injured party to minimize their liability. Having a skilled personal injury attorney from Mountain View Law, PLLC who can gather evidence, interview witnesses, and reconstruct the accident scene is essential to prove the other party’s greater share of responsibility. This will help ensure you receive the maximum compensation you deserve under Vermont’s comparative negligence laws.
Why You Need Experienced Legal Representation
Navigating comparative negligence laws can be challenging, especially when insurance companies are involved. They may attempt to exploit any perceived shared fault to reduce their payout. Having a knowledgeable personal injury lawyer at Mountain View Law, PLLC, on your side can level the playing field. Your attorney will protect your rights, negotiate with insurance companies, and fight for fair compensation based on the true allocation of fault in your case.
Contact Mountain View Law, PLLC Today
If you or a loved one has suffered a personal injury in Vermont, don’t let questions of comparative negligence deter you from seeking justice and compensation. Contact Mountain View Law, PLLC, at (802) 775-6811 or email us at info@mountainviewlawvt.com to schedule a free consultation. Our experienced attorneys will evaluate your case, explain your rights, and work tirelessly to ensure you receive the compensation you deserve. Let us be your advocates in your pursuit of justice and rightful compensation