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Navigating Fort Wayne Comparative Negligence in Car Accident Cases

Barbara@opencomparison.org' By Barbara Ratliff Jun5,2023

Even though it could seem overwhelming, if you’ve been in a car accident, you don’t have to go up against the court system alone. The concept of comparative carelessness typically takes center stage when we discuss auto accidents. We comprehend that if you are partially to blame for an automobile accident, you could be concerned about it. There is no need to panic, though, since you will be entitled to compensation even if you share some of the blame. Are you experiencing a similar problem? Call a lawyer at Delventhal Law Office, LLC immediately to set up a free case consultation. 

What happens in comparative negligence?

Imagine you were involved in a collision with another automobile while you were traveling at night. The investigation revealed that the other motorist was operating their vehicle while under the influence of alcohol, while you were briefly sidetracked by checking your phone. We can now clearly see that both participants, in this case, contributed in some way to the disaster. Let’s say that you were 20% to blame for the mishap. You may be able to get back up to 80% of what you would have received if you weren’t at fault, depending on your level of culpability.

It’s crucial to remember that these situations are frequently quite complex, and it often requires a great deal of time and research to determine who was more at fault for the accident. To avoid having to pay you anything, the insurance company will make every effort to place the responsibility somewhere else. Do not panic and immediately retain legal counsel. The attorney will negotiate with the insurance company to ensure that you are fairly rewarded, in addition to gathering evidence to prove the other party’s culpability. 

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Never, ever give the insurance company a written or recorded statement because they will try to use it against you in court to show that you were to blame. Additionally, their initial settlement offer shouldn’t thrill you too much because they frequently lowball. 

Final thoughts:

We advise you to reevaluate your alternatives if you are considering representing yourself in court. A small error might cost you full compensation. A lawyer will know exactly what to do to demonstrate that the other person was more at fault for the accident because they are accustomed to the insurance company’s strategies. Don’t be afraid to make a claim; with the help of a competent attorney, you have a strong chance of succeeding. 

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