Comparative Negligence

    • Georgia’s Comparative Negligence Laws in Personal Injury

      As Georgia personal injury lawyers we often come across the situation where an accident victim wants to file a lawsuit but believes he or she may be partly to blame for a wreck. Not all car wrecks are clear cut. If another driver cuts in front of you on the highway, you may not be able to brake quickly enough to avoid hitting the car in front.

      Michael West/ Law Office of Michael West- 16 readers -
  • How the Eggshell Skull Rule Applies to Injury Cases

    …Understanding the eggshell skull rule and how it applies to personal injury cases in Texas. The eggshell skull rule—also called the thin skull rule—says that you take your victim as you find them. Essentially, the frailty of the person who was injured cannot be used as a defense to limit the liability of the at-fault party. Eggshell Skull Rule…

    Jeff Rasansky/ Rasansky Law Firm- 13 readers -
  • Can I Recover for Injuries If I was not Wearing a Seat Belt?

    … of the collision in the parts of the body that can physically withstand the force best such as the hips, shoulders, or chest.3 Studies on the benefit of shoulder harnesses and lap belts revealed that used together the risk of death in an auto accident is reduced by 86 percent and proper seat belt use in general reduces serious traffic injuries…

    Bruning Legal- 29 readers -
  • What Is My Case Worth?

    …, a jury might put 15 percent of the fault on you and 85 percent on the other driver. Insurance companies understand this concept of comparative negligence, and will use it when determining their settlement offer (although they will almost always claim that you were more-responsible than you actually were). Without citing case law (previous lawsuits…

    Jeff Rasansky/ Rasansky Law Firm- 21 readers -
  • Can I recover for injuries if I was not wearing a seat belt?

    … negligence, or any other argument showing split fault may cause a reduction in the amount of damages an injured party receives.6 Contact an experienced St. Louis personal injury attorney for a free consultation If you have suffered a loss or harm during a car accident, even if you were not buckled up, it is important to discuss the circumstances…

    Bruning Legal- 54 readers -
  • Is a dog owner strictly liable for a dog bite in Missouri?

    … by another form of dog behavior such as jumping or running and the claim is still susceptible to defenses such as provocation, trespassing, or comparative negligence.6 Contact an experienced St. Louis personal injury attorney for a free consultation If you have suffered injury from a dog bite, it is important to discuss the circumstances of your injury…

    Bruning Legal- 14 readers -
  • What defenses can be used against your personal injury claim?

    … in a personal injury cases, but two of the typical defenses include assumption of risk and comparative negligence. Assumption of Risk The affirmative defense known as assumption of the risk arises mainly in negligence cases where the defendant claims that the accident or situation was inherently dangerous or so obviously dangerous that the injured party…

    Bruning Legal- 10 readers -
  • Should you accept a settlement offer in your car accident case?

    … of comparative negligence.6 Following these tips prior to receiving settlement offers, will allow you to have a reasonable expectation during negotiations and mediation, but will also give you an idea of when to accept or reject an offer. Contact an experienced St. Louis personal injury attorney for a free consultation If you have been involved in a car…

    Bruning Legal- 16 readers -
  • Shared liability in multiple car accidents

    … fault in a multi-vehicle accident often falls on shared liability doctrines. What is shared liability? An auto accident that involves multiple vehicles causes the concept of comparative negligence to arise. This legal theory of negligence focuses on splitting blame and responsibility for damages.4 The way in which comparative negligence works…

    Bruning Legal- 14 readers -
  • Laws Involved in Car Accident Claims

    … situations. Comparative negligence In many situations, the other party’s insurance company or attorney will try to limit their liability by claiming that you were also at fault for the car accident. However, even if you did somehow contribute to the cause of the accident, you may still be able to receive substantial compensation toward your losses…

    Gabriel Levin/ 18 readers -
  • What Happens If I Am Partially At Fault for My Car Accident?

    … be an open and shut matter, states have adopted specific laws on how to handle collisions where more than one party is to blame.1 The state of Missouri follows a pure comparative fault rule. Under a theory of comparative negligence or fault, a personal injury plaintiff’s amount of damages or compensation is reduced according to the percentage…

    Bruning Legal- 10 readers -
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