Contributory Negligence in Personal Injury Cases in Arizona
When Arizona personal injury lawyers meet with their clients for the first time, they usually have a lot of questions. They want to know how much their case is worth. They also want to know how long it’ll take to get them their money. Some clients are also worried about what’ll happen if they were partly at fault. In Arizona, they follow something called comparative negligence. This means you’ll likely still be entitled to damages.
Very Rarely is Anyone 100% at Fault
It doesn’t matter what kind of accident you’re involved in, rarely is anyone totally at fault. For example, even in a rear-end accident, the front driver may have had a brake light out. Or if you’re suing for a dangerous product, the defendant may show that you didn’t use the product properly. There are any number of ways in which you can be found partially at fault. The good news is that your Arizona personal injury lawyer knows the law. They also know that you can still collect damages even if you’re partially at fault.
Your Arizona Personal Injury Lawyer Will Show the Defendant Was Negligent
In order to get anything from the defendant, your Arizona personal injury lawyer will have to prove negligence. Regardless of the type of accident you were in, your attorney will need to prove the following four (4) things:
- The defendant owed you a duty of care
- They breached this duty
- You were hurt
- Your injuries were directly caused by the defendant’s breach
If they’re able to do that, then you will likely be entitled to certain damages. Of course, your attorney will have to prove them too. The problem may be that you’re partially at fault for your accident. If that’s the case, your case will be impacted.
Your Damages Will Be Reduced
The way comparative fault works in Arizona is the plaintiff’s damages will be reduced by your percentage of fault. Imagine that you were hurt in a slip and fall case. Your hospital bills are $30,000. The defendant argues that you only fell because you were wearing stiletto heels in a grocery store. The jury may agree with them. They may believe that you’re about 20% at fault. What will happen is your damages will be reduced by 20%. So instead of receiving $30,000, you’ll only get $24,000. The good news is that under Arizona’s comparative fault law, you’ll still get something. In some states, if you’re even partially at fault, you don’t get a dime.
Meet with a Skilled Arizona Personal Injury Lawyer Right Away
If you or your loved one are hurt in an accident, you may be entitled to damages. The only way to know for sure is to talk to an experienced Arizona personal injury lawyer. Some people are afraid to talk to a lawyer, especially if they were partly at fault. The truth is that a lot of plaintiffs are partly at fault. If the other party was more at fault than you, your attorney may be able to get you damages. The best thing to do is call our office and schedule a free consultation with one of our Arizona personal injury lawyers. They’ll sit down and listen to your story. If they think you have a valid claim, they’ll let you know. If they don’t think your case is worth pursuing, they’ll tell you that too. A quality attorney is an honest attorney. But if you were hurt and it was the other person’s fault, there’s a good chance you’ll recover damages. Contact Us for any questions related to contributory negligence in personal injury cases.