As experienced personal injury attorneys in Utah, we often encounter cases where both parties share some degree of fault. Utah follows a modified comparative negligence rule, which can significantly impact your ability to recover damages. Here’s what you need to know about comparative negligence and how it might affect your personal injury claim.

What is Comparative Negligence?

Comparative negligence is a legal principle that allows for the allocation of fault between parties involved in an accident or injury. In Utah, this principle can affect your ability to recover damages and the amount you may receive.

Utah’s Modified Comparative Negligence Rule

Utah follows a 50% bar rule, which means:

1. You can recover damages if you’re less than 50% at fault.
2. Your compensation will be reduced by your percentage of fault.
3. If you’re 50% or more at fault, you cannot recover any damages.

How Fault is Determined

1. Evidence Collection: Police reports, witness statements, and expert testimony are crucial.
2. Negotiation: Insurance companies and attorneys often negotiate fault percentages.
3. Litigation: If an agreement can’t be reached, a judge or jury may determine fault allocation.

Impact on Personal Injury Claims

1. Reduced Compensation: Your award will be reduced by your percentage of fault.
2. Potential Bar to Recovery: Being 50% or more at fault prevents any recovery.
3. Settlement Negotiations: Comparative negligence often plays a role in settlement talks.

Examples of Comparative Negligence

1. Car Accidents: A speeding driver hits a pedestrian jaywalking.
2. Slip and Fall: A customer falls on a wet floor with a visible warning sign.
3. Product Liability: A consumer misuses a product but the product also has a defect.

Importance of Legal Representation

An experienced personal injury lawyer can:

1. Help gather evidence to minimize your fault percentage.
2. Negotiate effectively with insurance companies.
3. Present a strong case in court if necessary.

Statute of Limitations Considerations

Remember, the Utah statute of limitations for personal injury cases still applies, typically giving you four years from the date of injury to file a lawsuit.

Conclusion

Understanding comparative negligence is crucial when filing a personal injury lawsuit in Utah. While it can complicate your case, it doesn’t necessarily prevent you from seeking compensation. If you’ve been injured and are concerned about how comparative negligence might affect your claim, contact our experienced team of personal injury attorneys for a consultation.

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