How Liability and Comparative Negligence Factor In Your Settlement

Renton personal injury attorneyThere’s simply no such thing as an easy personal injury case. The reality is that settlement values are shaped by numerous factors, all of which can be explained by your Renton personal injury attorney. Two of the most important factors are the magnitude of your liability and comparative negligence.

Factoring Liability

In every type of personal injury case, whether it’s an auto accident, product liability or slip-and-fall situation, the strength of your overall case depends on the strength of your claim that the defendant was negligent.

If your claim of negligence is without a doubt, you can expect a more generous settlement amount. If your argument is weak, you could have a 50 percent chance or less of winning the case and your settlement would be much smaller. If you maintain a 90 percent chance or better of winning, you are in an excellent position. 60 percent is a fair position, while 50 percent or less is not a good position to be in. A Renton personal injury lawyer can help you determine your chances of success in court.

Factoring Comparative Negligence

If your own negligence played a role in the accident or injury, you may have trouble recovering any damages at all. This is called comparative negligence. You can certainly expect that your settlement will be much lower compared with a case where fault is more clear-cut.

Keep in mind that comparative negligence could be raised on the defendant’s testimony alone. In most slip-and-fall cases, comparative negligence will be raised.

In some cases, jurors may find comparative negligence simply because plaintiffs happened to be at that place at that time that the accident occurred.

If you claim anything close to 50 percent negligence in the incident, you could lose your case entirely. If the negligence was minimal, your Renton personal injury attorney will advise on what actions to take.

Contact an Attorney

Renton personal injury attorney Edward K. Le can help you sort through your case value factors and build your case so you can achieve the fair settlement you deserve. Call Edward K. Le Attorneys at Law at 425-336-2255.

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