How Does Pennsylvania's Comparative Negligence Rule Affect My Case?
Hurt in an accident in Chambersburg, Gettysburg, or elsewhere in Pennsylvania? You have the right to hold the at-fault party liable and to seek compensation through a personal injury claim. The Commonwealth’s comparative negligence standard could potentially have a big impact on your case, including how much you can recover in financial damages. In this article, our Chambersburg personal injury attorney provides a guide to comparative negligence in Pennsylvania.
Comparative Negligence: The Basics
Negligence is the concept that determines liability in most personal injury cases in the Commonwealth. It is defined as the failure to take proper care. However, when an accident happens, it is not always just one person’s fault. Sometimes, multiple parties, including the victim—share some of the blame. Pennsylvania follows a legal doctrine called “modified comparative negligence.” The rule determines how compensation is awarded in a personal injury claim.
Know the Law: Modified Comparative Fault in Pennsylvania
Under Pennsylvania law (42 P.S. § 7102), injured victims can still recover compensation for their damages even if they are partially at fault, as long as their share of the blame is not greater than 50 percent. However, the amount they receive is reduced by their percentage of fault.
Note: If you are found to be 51% or more at fault, you are barred from recovering any compensation at all through a fault-based personal injury lawsuit in Pennsylvania.
Understanding Pennsylvania’s Comparative Negligence Rule (An Example)
Imagine you walk into a grocery store in Chambersburg. Unfortunately, you slip on a spilled drink in one of the aisles and suffer a serious traumatic brain injury. You have a personal injury claim against the store for failing to clean up the hazard and for their failure to put up a warning sign. In total, you suffered $50,000 in damages due to the slip and fall accident. During the investigation, it was revealed that you were texting on your phone and that you did not notice the puddle.
You are assigned 30% blame. However, the store is deemed negligent as well. They are assigned 70% of the blame. Under Pennsylvania law, you would be able to recover 70% of your damages, or $35,000. You would be liable for 30 percent of your own damages ($15,000).
Through this example, it is easy to see why every percentage point of fault matters. A single “point” of blame could represent hundreds or even thousands of dollars in financial compensation after a serious accident. A top-tier Pennsylvania personal injury lawyer can protect your rights.
Contact Our Chambersburg, PA Personal Injury Attorney Today
At DiLoreto, Cosentino & Bolinger P.C., our Chambersburg, PA, personal injury lawyer is devoted to putting people first. If you have any questions or concerns about comparative negligence, please do not hesitate to contact us today for a free, no-obligation initial consultation. With offices in Chambersburg and Gettysburg, we fight for justice for victims across the region.