Mingus Mountain Law Group, PLLC

Law Blog

How Comparative Negligence Can Affect Payment of Damages to a Victim

If you have recently been involved in a car accident, you may be wondering what compensation you can receive for damages. This is one of the most common questions that victims ask. Because every situation is different, it is not possible to give a ballpark figure without the appropriate data. There are many factors that determine the damages a victim may receive; one such factor is comparative negligence. Mingus Mountain Law Group addresses comparative negligence for car accident victims in Prescott and Flagstaff.

What Is Comparative Negligence
In simple terms, comparative negligence compares the degree that each party is negligent in causing the accident, including the victim. Arizona follows the “pure comparative negligence” rule. This means that whatever percentage of fault a victim is found to have contributed to her injury will be reduced by that same percentage. An example of this is the failure to wear a seatbelt. Another example is failure to yield on a left turn. As long as the defendant is found to be at least 1% negligent, the victim can make a recovery.

Other Types of Negligence
Another type of negligence is failure to mitigate damages. If you are the victim of a car accident, but you do not take reasonable steps to minimize the financial impact of injuries, the compensation you receive may be substantially lessened. For this reason, it is essential that you take the necessary steps to receive appropriate medical attention and avoid activities that may worsen your condition. Also, always wear a seat belt! Medical providers overwhelmingly agree that seat belts save lives and decrease injuries.

As the victim of a collision, you want to ensure that you recoup any losses. Mitigating negligence is only one factor that can affect your compensation. You should enlist the help of a professional to walk you through the legal process. If you or someone you love has been injured in a vehicle accident, don’t try to handle it yourself. Contact the experts at Mingus Mountain Law Group right away to make sure you receive fair compensation. Call us in Prescott at 928-775-9398 or in Flagstaff at 928-779-9304 for your free consultation.

Call Today

To Schedule Your Free Consultation With An Experienced Attorney

We understand that an injury will cause significant challenge, and may limit your mobility. If necessary, ask about our video or telephone consultation. We look forward to meeting you to discuss your legal options available for your injury claim.