What is modified comparative negligence in Idaho? Modified comparative negligence is the means by which liability is determined in an accident. It also dictates how much compensation each party involved may be entitled to receive.
Even if you are partially at fault for an accident, an Idaho personal injury lawyer can still fight to get you compensation for your losses.
Modified Comparative Negligence is Essential to Allocating Liability in a Personal Injury Case
While states take different approaches to comparative negligence, Idaho uses modified comparative negligence. This means each party’s actions in an accident are assessed to determine their contribution. Parties who are less than 50% at fault are able to recover damages that have been reduced in proportion to their fault. Parties who are 50% or more at fault cannot recover their losses through damages.
For example, if a driver is speeding and rear-ends another car at a stoplight, but the other driver fails to accelerate because they are on their phone, both parties will share the fault. The rear car is 70% at fault, while the front car is 30% to blame. The former will not receive damages and the latter will have theirs reduced by 30%. So if they were entitled to a $100,000 settlement, they would recover $70,000.
Both insurance adjusters and lawyers use this approach when they are working to resolve a case. They investigate the accident to determine who is at fault so they can either pay or negotiate the appropriate amount in compensation. Each party’s contribution must also be recorded in the case to provide an accurate and factual representation of events.
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Modified Comparative Negligence in Idaho Can Impact the Outcome of Your Case
Even though it is common to think you cannot receive damages if you are partially at fault, it is important to understand what modified comparative negligence is so you can understand the implications it has for the outcome of your case. Under Idaho’s Actions for Negligence, you may still be able to recover your losses, and you do not want to leave money behind.
Actions for negligence
Medical care, property damage, and lost income all add up quickly, and partial fault can threaten your financial stability when faced with these steep costs. Even paying for a small part of these expenses can set you back considerably. This is why it is important to hold as little liability as possible.
Small amounts of fault can be costly, and losing damages increases the amount you have to cover out of your own pocket. Because settlements vary widely, this could be minimal or enough to keep you from rebuilding your life as quickly. It is important to consult with an attorney to minimize this risk.
How to Limit Liability in a Shared Fault Case
In shared fault cases, other parties will try to avoid liability and blame you instead. Insurance companies will do the same so they can avoid paying you the full value of your losses. It is important to protect yourself and your claim so you are not cheated out of compensation. Knowing what to do to make sure you win your case is vital to ensure you do not end up with undue liability, which includes:
- Compile evidence: Evidence is essential for building a strong case. Having plenty of evidence provides clarity on the event and where the fault actually lies. Sources of evidence include photos/videos, police reports, witness statements, medical records, pay stubs, repair estimates, and any other applicable documentation.
- Avoid talking to other parties: Talk to insurance companies or opposing parties as little as possible, especially without a lawyer. They will try to claim you hold more liability than you do. The wrong word or action can be misconstrued to imply fault, so it is important to keep your distance and let a lawyer talk for you.
- Hire a lawyer: Retaining legal representation gives you the best chance at a favorable outcome in a shared fault case. They know how to protect you, advocate for you, and minimize your liability. They will ensure you are not taken advantage of and do not receive less compensation than you deserve.
- Do not accept the first offer: The first settlement offer is usually well below what is fair. You should not accept the first or any settlement without having your lawyer review it and advise on an appropriate course of action. They will also safeguard your rights throughout the case.
These steps can help ensure you are treated fairly in your case and retain as much compensation as possible. Your lawyer can also use it to clearly demonstrate the other party’s fault in causing the accident that hurt you.
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The Importance of Acting Quickly if You are Partially at Fault
If you are found to be partially at fault, it is important to act quickly. This is not only essential for avoiding the two-year limitations of actions in Idaho, but it is also important for ensuring your liability is reduced in your case. The longer you wait, the more that evidence can deteriorate and the more you risk being able to reduce the fault assigned to you.
It is important to hire a skilled lawyer who can help reduce your liability in the case. They know how to negotiate on your behalf and can work with other parties to lower the amount of your fault. They will also help you identify if you have a personal injury claim in the first place and how modified comparative negligence in Idaho may impact your options and outcome.
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Discuss Your Options with Siegfried & Jensen Today
Siegfried & Jensen has decades of combined experience helping clients get the most out of their claims. We fight to secure the results you deserve. We ensure your rights are not invaded so you can get the resources you need to rebuild your life.
To learn more about what you may be able to recover from a shared fault, contact us today and schedule a free consultation with our knowledgeable staff.
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