Posted by on Dec 4, 2012 in Society | 0 comments

One common misconception amongst accident victims is that they can only take legal action and recover financial compensation if they were 100 percent not at fault in the accident. Not every case has one person who is completely at fault for the accident. In fact, there are many cases where both parties share some of the blame. Fortunately, accident victims who were partially at fault still have a chance to take legal action in many states.

State law decides who can and who cant take legal action following an accident. Many people involved in an accident may also have been at fault and if they arent aware of the law, they may not pursue legal action.

Different Types of Comparative Negligence

Comparative negligence is when a judge assigns a percentage of the blame to different individuals involved in the accident. After assigning a percentage of blame, the victim can then sue for that amount of damages. There a number of different types of comparative negligence used across the country depending on what state you live in. They include the following:

* Pure comparative negligence This is the most basic form of comparative negligence and is currently in 13 states. In this system, you can still recover damages even if you were 99 percent at fault for the accident.
* Modified comparative fault (50 percent rule) Currently the law in 12 states and is where a victim can only recover damages if he or she was less than 50 percent at fault.
* Modified comparative fault (51 percent rule) This is present in 21 states and gives victims the ability to take legal action as long as they are less than 51 percent responsible for the accident.

If you were found to be 40 percent responsible for an accident and were awarded 1,000 in damages, you could only recover 60 percent of it, or 600. For more information about your case, contact a Wisconsin personal injury lawyer today.

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