Comparative and Contributory Negligence
A person injured because of another individual’s negligence may want to pursue legal action against the party at fault. However, the injured party may be limited by their state’s doctrine on negligence-based lawsuits. These doctrines differ between states, creating different requirements for a lawsuit depending on the state standards.
If you have been hurt in an auto accident, it is important to discuss your situation with a lawyer to determine if you are eligible for financial compensation. Contact the Iowa auto accident attorneys of LaMarca Law Group, P.C., by calling 877-327-2600 for additional information regarding your legal options.
Doctrines of Negligence
When working through a negligence case, the court will determine the percentage of blame accorded to the different parties involved. This means that a person will receive a certain percentage of blame if they are in any way at fault for the accident. This percentage can be used to figure out whether the injured individual has the right to pursue legal action against the other negligent parties.
Negligence doctrines work in the following ways:
- Contributory negligence – disallows a person from suing if they carry any of the blame
- Pure comparative negligence – each party can sue for what they are not responsible for
- Modified comparative negligence with the 50% rule – a person cannot sue if their fault is as great as the other party
- Modified comparative negligence with the 51% rule – a person cannot sue if their fault is greater than the other party
The state of Iowa follows the majority of states by using a modified comparative negligence doctrine with the 51% rule.
If you or someone you love has been injured in an auto accident and you are considering filing for compensation, we may be able to help you better understand what is involved in the legal process. For more information regarding your options, contact the Iowa car accident lawyers of LaMarca Law Group, P.C., at 877-327-2600 today.