Understanding Comparative Negligence
Comparative negligence is a legal concept that can significantly affect the outcome of a wrongful death case. In simple terms, comparative negligence refers to the degree to which each party involved in an accident is at fault. In Pennsylvania, the law follows a “modified comparative negligence” system, which means that a plaintiff’s ability to recover damages may be reduced based on their own level of fault in the incident. For example, if the person bringing the wrongful death claim is found to be partially responsible for the accident, the amount of compensation they can receive may be reduced. The degree of negligence assigned to each party is critical in determining how much compensation the survivors of the deceased can claim. If the deceased person is found to be 50% or more at fault, they are barred from recovering any damages. However, if the plaintiff is found to be less than 50% at fault, they can still recover damages, but the amount will be reduced according to their percentage of fault.“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!
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How Comparative Negligence Affects Wrongful Death Claims
In a wrongful death case, where one party is seeking compensation after the death of a loved one due to someone else’s negligence, the comparative negligence rule plays a vital role. The legal process seeks to determine who is at fault for the death and to what extent each party contributed to the tragic event. However, this can become complicated if both the deceased person and the defendant share some responsibility for the incident. Let’s consider a scenario in which someone is killed in a car accident. The defendant may have run a red light, but the deceased might have been speeding at the time. In this case, a jury or judge will evaluate how much responsibility each party bears. If the defendant is found to be more at fault, the deceased’s family may still be entitled to damages. However, if it is determined that the deceased’s actions contributed significantly to the accident, the compensation awarded may be reduced accordingly.Related Videos
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Understanding Pennsylvania’s modified comparative negligence system is crucial, as it can significantly impact wrongful death claims. If the deceased is found to be 50% or more at fault, the survivors are barred from recovering any damages.