Each state has its own set of laws governing the amount of compensation a plaintiff can seek in a personal injury lawsuit, and "comparative fault" is a significant component of these regulations. This refers to whether a person who is partially responsible for an accident can recover damages. Some states prohibit an injured person from filing a claim if they are even one percent at fault, whereas other states have more complex laws that permit them to sue another party for their injuries if they are partially or even mostly at fault.

The modified comparative fault laws of Pennsylvania allow accident victims to recover compensation for damages even if they were partially at fault. However, Pennsylvania regulations state that, depending on the plaintiff's degree of shared fault, their ability to collect damages may be limited or, in some instances, completely restricted. Under Pennsylvania's comparative fault laws, identifying and establishing fault will largely determine the outcome of your case; therefore, having a skilled PA personal injury attorney represent you will be crucial to the success of your case.

The Modified Comparative Negligence Law of Pennsylvania

Pennsylvania's comparative negligence statute, 42 Pa. C.S. § 7102, states that a plaintiff's fault does not bar them from recovery so long as they’re less at fault than the defendant.

In other words, if the accident victim is less than 51 percent at fault, they can still recover damages proportional to their degree of fault. For instance, if you were only 30% at fault, you can still recover 70% of the total amount of compensation awarded. However, if you were 51 percent or more at fault, you lose the right to receive any compensation.

Comparative Fault Percentages

A Pennsylvania judge assigns a percentage of fault to both you and the defendant based on the facts and details of the case when determining comparative fault. These are typically dependent on a variety of variables, such as:

• Police reports
• Witness testimony / statements
• Courtroom testimony

Once the judge has gathered all relevant information, he or she will attribute 100% fault to both parties. When multiple parties are liable for damages under Pennsylvania law, each party is only responsible for the proportion of damages proportional to their degree of fault. In other words, if you were 30% at fault for an auto accident and the other driver was 70% responsible, you would not be liable for 100% of the plaintiff's damages. The court would only enter an order against you for 30% of the total amount of damages.

The use of comparative negligence by insurance companies to shift responsibility for an accident to the victim. Their objective is to minimize the amount of money required to settle an injury claim.

Beware of this tactic. Claims adjusters may attempt to convince you to admit something that could be used to establish fault. Before providing statements or answering inquiries regarding the accident or your injuries, it is generally in your best interest to consult with a PA personal injury attorney.

Brandon J. Broderick Can Help You Determine if You Should Pursue Your PA Personal Injury Claim Today

Working with a skilled, well-respected Pennsylvania personal injury attorney can make all the difference in your case's outcome. Why should you be left without adequate compensation to cover your medical expenses and other losses after an accident caused by the negligence or carelessness of another party?

Our personal injury attorneys at Brandon J. Broderick, Attorney at Law, have decades of experience and a track record of success.

After making that initial phone call, many of our clients say they felt relieved. Contact us today for a free consultation. We are ready to assist you at any of our multiple Pennsylvania locations. We look forward to helping you.