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Personal Injury Law: Comparative Negligence

Posted by Bautista Leroy | Jan 31, 2020 | 0 Comments

comparative negligence

Bautista LeRoy Law Firm can assist if you require more information regarding "personal injury law comparative negligence". Since 1990, our Kansas City Metropolitan Area attorneys have provided top-tier personal injury representation. Due to our specialized approach and unparalleled client care services, we have built up an outstanding reputation while accessing high-quality legal counsel.


What Is Comparative Negligence?

Accidents often involve more than one party, making determining responsibility more complicated. Comparative negligence offers a solution by allocating each individual a share of blame in any incident.

Imagine being involved in a car collision where another motorist ran through red traffic but you were also slightly speeding. Both motorists may share responsibility. Courts may apportion compensation percentages based on each party's share to assess rights to recovery.


What types of comparative negligence exist?

Pure Comparative Negligence: Under pure comparative negligence law, damages may still be recoverable even when you're at fault! For example, if damages total $10K and you've found 30% responsible, you could recover $7000!

Modified Comparative Negligence: Kansas and Missouri both adhere to this rule, where damages may only be claimed when your level of responsibility falls below 50%. Compensation won't be available if %51 responsibility exists in an accident.


How does comparative negligence apply in an injury claim?

Comparative negligence can help identify each party's respective level of responsibility in an accident. Here is an outline of its steps:

  • Investigation
  • Assigning Fault
  • Calculating Damages
  • Adjusting Compensation


Why hiring a personal injury attorney be beneficial?

  • Experienced personal injury attorneys are well-equipped to negotiate with insurers to secure fair compensation for injuries.
  • Personal injury attorneys typically have access to resources like investigators and expert witnesses that can strengthen your claim.
  • Trusting that an attorney represents your best interests can bring immense peace of mind, enabling you to focus more on recovery.


When should an attorney be hired?

Once an accident has taken place, seek legal assistance from a personal injury attorney immediately to preserve key evidence and gather witness statements, plus ensure all paperwork is filled out accurately.


What criteria must be considered to find effective attorneys?

  • Experience: When dealing with comparative negligence cases, seek legal counsel with proven expertise in handling personal injury lawsuits.
  • Reputation: Reading testimonials from past clients can provide insight into an attorney's standing within their community.
  • Communication: Choose an attorney with excellent communicative abilities who is adept at responding quickly.


Why Choose Bautista LeRoy LLC?

Bautista LeRoy Law Firm takes great pride in our client's commitment and expertise when it comes to personal injury law. Our attorneys specialize in representing our clients with comparative negligence claims, successfully securing satisfactory settlements on their behalf.

All legal cases require individual attention, so our team works tirelessly to open lines of communication and keep you fully apprised during each phase of legal representation.


Suggested Action Steps

  • Keep a comprehensive record of everything related to an accident scene or medical care provided.
  • Consult a personal injury attorney immediately to collect evidence and begin building your claim.
  • Before engaging with insurance companies about insurance-related matters, always seek legal advice first.
  • Consult closely with your attorney in gathering evidence for your case.

Understanding comparative negligence is vital to receiving fair compensation following an accident, so contact an experienced personal injury attorney for guidance through this complex process. Contact us today at 816-221-0382 or send us an email on our Contact Page. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.

 

Summary

Accident victims may assume that they are not entitled to compensation because they were partially at fault. Bautista LeRoy LLC helps victims understand their rights and fight for their fair compensation. They have been serving the Kansas City metro area since 1990 through comparative negligence. 

Comparative negligence is a legal principle used to determine each party's percentage of fault. It also determines how much compensation each party can get. It can take two forms:

Pure comparative negligence means that victims can still recover even if they are mostly at fault

Modified comparative negligence means that the victim can recover only if the fault remains below 51%

It is highly suggested to hire a personal injury lawyer to help you with the victim's claim. A personal injury lawyer can do a lot of things, such as:

  • Thoroughly investigate the accident
  • Identify the percentage of fault
  • Calculate damages
  • Settle compensation fairly
  • Negotiate with insurance companies

For a free legal consultation, contact Bautista LeRoy LLC at 816-221-0382 or via email at [email protected].

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Bautista LeRoy LLC - Kansas City, MO
3770 Broadway Blvd.
Kansas City, MO 64111
816-221-0382

Bautista LeRoy LLC is located in Missouri, providing representation for Catastrophic Injury Cases, including Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, and Medical Malpractice. Contact us today to schedule an appointment.

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