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What is modified comparative fault in an accident?

On Behalf of | Apr 9, 2022 | Injuries

The aftermath of a car accident is complicated, and you may find it difficult to pick up the pieces and move forward. One of your main concerns is likely regarding how you will pay for the damages to your property and any medical bills you have as a result of the accident. If the accident is the result of the actions of another person or party, you may consider seeking damages through a personal injury claim. The first step will be identifying who or what is to blame for what happened to you. 

Certain Pennsylvania car accident laws could impact your case, including those pertaining to modified comparative fault. These and other complicated laws can make the process of navigating the insurance process and securing compensation difficult. You may find it helpful to understand what applies to your situation and how you can protect your interests as you seek a full and fair recovery after your accident.  

Determining who is at fault 

One of the first steps in the process of securing compensation after a car accident is identifying the at-fault party. In some cases, the actions of the plaintiff preceding the accident or the type of insurance he or she carries may also impact the amount that he or she could receive in a claim. If you have grounds to seek financial recovery after an accident, Pennsylvania laws allow you to do so even if you were partially to blame, as long as you are not more than 50% at fault. 

According to the modified comparative fault standard, the amount you could receive depends on the degree to which you were to blame for the accident. It will be in your interests to know how to validate your claim, prove your role in the accident and fight for the recovery you deserve. It may also be helpful to remember that a settlement offer from the insurance company may not reflect the true value of your case. 

Moving forward after an accident 

It can be difficult to know how to move forward after a serious car accident, but you do not have to navigate this process alone. You may benefit from seeking an assessment of your case and explanation of legal options available to you. As any type of personal injury or accident-related case is time-sensitive, your quick action is imperative to the success of your claim.  

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