If you sustain an injury caused by the actions of another individual or entity in Pennsylvania, you will likely be able to recover compensation. However, what happens if you caused the incident that led to your injury?
In Pennsylvania, there is a chance you may be able to recover compensation if you are partially at fault for causing your own injuries. Here, we want to discuss comparative negligence laws and examine whether or not you should work with an attorney in these situations.
If You Caused an Injury, You Will Likely Have to Pay Compensation to Others
In Pennsylvania, we have to look at a few different laws in place to determine what happens if you cause an accident.
In general, what we will find is that any person who causes an accident will be responsible for paying compensation to another party who sustains injuries or other types of losses as a result of the incident.
This state operates under a “choice no-fault” system when it comes to vehicle accidents in particular. For those who have no-fault insurance, this means that they will turn to their own insurance carrier to recover compensation for their injuries and property influences. If you are responsible for causing a vehicle accident, you would typically be able to turn to your own insurance carrier for compensation if you have chosen the no-fault system.
If you have chosen the fault-based car accident insurance system (full tort insurance), then this will be handled by determining who was at fault for your vehicle accident. The at-fault party is responsible for paying compensation to whoever sustained an injury or property damage.
What if You Were Partially At-Fault?
Aside from those who have no-fault auto insurance, personal injury claims can be examined under the lens of the “comparative negligence” law in Pennsylvania. In this state, a person who is partially responsible for causing an injury can still recover compensation, so long as they are less than 51% responsible for the incident. Any person found to carry more than 50% of the fault for an accident will be unable to recover compensation for their losses.
If you are 50% or less responsible for causing your own injuries, it is possible to recover compensation for your losses from the other parties involved. However, the total amount of compensation you receive will be reduced based on your particular percentage of fault. For example, if you sustain $10,000 in injury and lost wage damages as a result of a slip and fall incident at a grocery store, but a jury determines that you were 20% responsible for causing me incident because you were looking at your phone screen and failed to see the hazard, then you would receive $8,000 instead of the full $10,000 to account for your percentage of fault.
Working With an Attorney
If you or somebody you care about has been injured due to the careless or negligent actions of another individual in Pennsylvania, reach out to an attorney immediately. A skilled Philadelphia personal injury lawyer can examine the facts of your case and help determine who was actually liable. Even if you have been accused of causing an accident and injuries, do not take this to mean that the accusations are correct. An attorney can investigate the incident, gather evidence, and work to secure any compensation you may be entitled to.