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What is Modified Comparative Negligence in Pennsylvania?

What is Modified Comparative Negligence in Pennsylvania?
July 7, 2022

If you file a claim for personal injury in Pennsylvania, a variety of state rules may come into play. For example, you may wonder about Pennsylvania’s rules and laws surrounding fault. Or, if you’ve been hurt in some type of accident, you might want to know more about your next possible steps.

In point of fact, in certain personal injury lawsuits, the party you are making a claim against will allege that you were at least somewhat responsible for the event that caused your injuries. In the event that you are partially responsible for the accident that resulted in your claim, it may influence the overall amount of compensation you may collect from others. Here are a few more facts surrounding the Commonwealth’s personal injury laws.

Pennsylvania’s Rules on Contributing Fault

Pennsylvania has a modified comparative negligence law in injury accidents involving joint blame. Simply defined, this rule entails that the amount of compensation (damages) to which you are entitled will be lowered by an amount proportional to your degree of culpability. But if you are determined to be more than 50% at fault, you cannot recover anything from the other parties at fault.

As an example, if get rear-ended at a stoplight when one of your brake lights is out of commission, the jury may determine that you were responsible for 25% of the collision, while the other motorist was responsible for 75%. If your damages total $20,000 in total, your compensation will be reduced to $15,000 (or $20,000 minus $5,000, representing your share of culpability for the accident).

Pennsylvania is No-Fault For Automobile Insurance

In vehicle accident cases exclusively, Pennsylvania has a no-fault insurance system, which means that regardless of who was at fault, the injured party’s own insurance company will pay medical bills and lost wages. If you are wounded as a passenger, you would seek compensation from the driver’s no-fault policy.

After a vehicle collision in Pennsylvania, you cannot hold the other motorist accountable unless your case reaches the threshold or standard of severe injury. If you can establish that your case includes severe injuries, you may be able to bypass the no-fault system and file a tort claim against the at-fault motorist.

Contact an Injury Accident Attorney in the State of Pennsylvania

Regardless of the circumstances surrounding your accident or injury, if you were injured due to another party’s carelessness, you should immediately contact an experienced injury attorney. At Spear Greenfield, our legal team has represented the rights of accident victims in New Jersey and Pennsylvania for several years now. Needless to say, we recognize the complexity of these matters, and our attorneys go above and beyond for our clients and their families.

Prior to meeting with an insurance adjuster, you owe it to yourself to consult a skilled automobile accident attorney. Plus, our accident attorneys work with several specialists, including vocational, economic, and medical authorities, to maximize your compensation and construct the strongest case possible for you and yours. Contact the Pennsylvania accident injury attorneys at Spear Greenfield immediately at (215) 600-0681 to learn how we may help you get back on your feet now.

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