In Utah, Wyoming and Idaho, some plaintiffs can be barred from recovery because of the comparative fault negligence doctrine. Comparative fault applies to tort cases like car accidents. In Utah, the courts utilize a comparative fault analysis to determine how much the plaintiff can recover from an incident. If you were recently in an accident or suffered another injury as a result of another’s person’s negligence, you should contact an attorney as soon as possible. The lawyers at Rocky Mountain Personal Injury Center specialize in plaintiff’s personal injury cases. They offer consultations to discuss the merits of your case and determine what your damages would be based on comparative fault analysis.
Comparative Fault v. Contributory Negligence
Contributory negligence is still binding law in only five states — Maryland, Alabama, Virginia, Washington, D.C., and North Carolina. The doctrine of contributory negligence means that if the plaintiff is even 1% liable for contributing to the accident, they cannot recover anything from the defendant. The remaining state legislatures have adopted the doctrine of comparative fault, which measures fault from both plaintiffs and defendants. For example, if the plaintiff is 40% negligent and the defendant is 60% negligent in a car accident, the plaintiff could recover 60% of damages as a result.
Utah utilizes the modified comparative fault rule. It is imperative to remember that using the comparative negligence doctrine means that any negligence apportioned to the occurrence by the plaintiff does not bar the plaintiff from recovery, unless the plaintiff contributed more than 50% to the occurrence. If the court determines the plaintiff was more than 50% at fault for contributing to the accident, the plaintiff is no longer able to recover from the defendant. As you can see, recovery schemes can get complicated and damages are dependent on accurate facts and discovery. This is why it is critical to hire a seasoned attorney for personal injury claims. One percent can mean the difference between a sizable settlement and no claim for damages whatsoever.
Potential Damages in Personal Injury Claims
Damages are classified as compensatory and non-compensatory. Compensatory damages are monetary awards based on the plaintiff’s tangible expenses such as medical bills, medical expenses, lost wages and loss of future income. Non-compensatory damages are items like emotional distress and pain and suffering. Depending on the severity of the accident, some plaintiffs require a lifetime of medical care, home health assistance, physical therapy and nursing care. In addition, due to the severity of their injuries, their quality of life and ability to work is severely diminished. In those cases it is so crucial to prepare so that the plaintiff receives the damages they are entitled to, even if their behavior partially contributed to the occurrence.
Contact Rocky Mountain Personal Injury Center Today
If you are suffering from a recent accident, do not leave your potential compensation to chance, and do not settle with the insurance companies without speaking to a lawyer first. The attorneys at Rocky Mountain Personal Injury Center only represent plaintiffs, and they specialize in personal injury claims. They know how to prepare the best case for their clients to ensure recovery is possible and damages are awarded. If you were recently in an accident or crash in Utah, Wyoming or Idaho, contact Rocky Mountain Personal Injury Center today for a consultation.
