Finding success in a personal injury claim hinges on how well you can prove that someone’s negligence caused your harm. For example, if you suffered injuries in a motor vehicle accident, you must show how the other motorist is responsible for your suffering.
Sometimes, the fault in an accident claim is relatively obvious. Examples include drunk driving or texting while driving. Other times, it may be more difficult to prove fault, but victims can often find success in these cases by seeking experienced legal representation. In still other cases, your path to success may be blocked by any negligence on your part that may have contributed to your injuries.
Arizona follows the pure comparative negligence rule, which essentially means that you may file a personal injury claim even if you share fault for the incident that harmed you. However, any compensation awarded to you will be reduced according to how much of the fault rests on your shoulders.
For example, say a drunk driver loses control of a vehicle and collides with your car, leaving you with one or more injuries. If you were also breaking any traffic laws such as speeding, you may be held partially at fault. Since the other motorist bears the most fault, you will likely still receive a significant financial award.
The state’s comparative negligence rule often leads to confusion for injured victims but speaking with an attorney can help you make sense of your situation. In the end, it is all about improving your odds of getting enough compensation to help you recover from your injury and replace out-of-pocket costs associated with the incident.