How Comparative Negligence Can Turn Your Personal Injury Claim Into a Game of ‘Who’s Really at Fault?’ (Spoiler: It’s Not Always Just the Other Guy)

If you’ve ever been in a car accident, slipped on a wet floor, or had some sort of mishap that left you with a personal injury, you might have thought, “I wasn’t that much at fault, right?” You’re not alone. Many people wonder whether their actions—however small—will impact their ability to collect compensation for their injuries.

Well, buckle up, because here’s the deal: comparative negligence is a legal concept that could definitely influence your personal injury claim. It sounds like something straight out of a law school lecture, but in reality, it’s pretty straightforward once you break it down.

At The Hines & Wilson Law Firm in Columbia, Missouri, we’re here to demystify comparative negligence for you. We want to make sure you understand how your actions in an accident can affect your chances of getting fair compensation without legal jargon or courtroom drama. So, let’s dive in, shall we?

What is Comparative Negligence, Anyway?

First off, let’s tackle what comparative negligence means. In basic terms, comparative negligence is a rule that allows a court to determine how much each party is responsible for an accident. Once that’s established, the court reduces the amount of compensation you can receive based on the percentage of fault assigned to you.

So, for example, let’s say you’re in a car accident, and while the other driver ran a red light, you were speeding a little too. The court might find that you were 20% responsible for the accident because of your speed, and the other driver was 80% at fault for running the red light.

In this case, your damages (the compensation you could receive) would be reduced by 20%. If your total damages were $10,000, you’d get $8,000 because you were deemed 20% responsible. The idea is that people shouldn’t be compensated for the portion of the accident they caused. Fair enough, right?

Missouri’s “Modified Comparative Negligence” Rule

Missouri follows a modified comparative negligence rule. What does that mean for you? It’s actually pretty simple. If you are 50% or less at fault for the accident, you can still recover damages, but those damages will be reduced by your percentage of fault.

Here’s the kicker, though: If you are more than 50% at fault for the accident, you can’t recover anything. Nada. Zilch. That’s the Missouri law in a nutshell.

For example, let’s say you were texting and driving at the time of an accident, but the other driver was drunk. The court might find that you were 40% at fault because you were distracted, and the other driver was 60% at fault for driving under the influence. In that case, you’d still be entitled to compensation, but it would be reduced by 40%.

Now, if you were texting and driving and the court determined you were 60% or more at fault for the accident, you’d be out of luck in terms of compensation. So, being just a little bit at fault doesn’t mean you’re automatically disqualified from getting paid—it’s only if you’re a major contributor to the accident that your claim could be dismissed.

What Happens If You’re Partially at Fault?

Okay, let’s clear up a big misconception: just because you were partially at fault doesn’t mean you can’t get compensation. The majority of personal injury claims don’t end up with a party being completely blameless.

You might be wondering, “What if I was a little careless, but the other person was more to blame?” The good news is that comparative negligence doesn’t automatically disqualify you. It simply means the court will adjust your potential payout based on how much fault it assigns to you.

For example, imagine you were in a slip-and-fall accident at a store. You were walking a bit too quickly and didn’t notice the wet floor sign, but the store was responsible for not properly cleaning up a spill in the first place. The court might say that you were 10% at fault for not being more cautious, but the store is 90% responsible for the spill. You could still collect 90% of the damages for your injury, but it would be reduced by your 10% fault.

So, while you’ll need to show that someone else was more responsible than you for the accident, it’s not a dealbreaker if you were partially at fault. It just means your compensation will be a little smaller. It’s not great, but at least you’re still getting something!

How Does Comparative Negligence Impact Your Compensation?

The impact of comparative negligence is pretty straightforward: it reduces the total amount of compensation you can get based on your level of fault. The more you’re to blame, the less you can recover.

Here’s an example to keep it simple:

  • Scenario 1: You’re in a car accident, and the other driver was 100% at fault. Your damages total $15,000. You get the full $15,000.
  • Scenario 2: You’re in the same car accident, but you were texting at the time, and the court finds you 20% at fault. Your damages are still $15,000, but you’re only awarded $12,000 (80% of the total amount).
  • Scenario 3: You’re in the same accident, and the court finds you 51% or more at fault. You get nothing. Zip. Zero. But, again, Missouri law is on your side, so as long as you’re 50% or less at fault, you’re still in the game.

Why Is It So Important to Be Careful About What You Say?

You might be thinking, “Well, I’m not 100% to blame, so I’m fine!” But here’s the thing: the other side will try to use anything you say to blame you more. If you admit, even casually, that you were texting or not paying attention, it could be used against you to argue that you were more responsible for the accident than you think.

This is where an experienced attorney, like those at The Hines & Wilson Law Firm, can really make a difference. We can help you navigate how to present your case and make sure you don’t accidentally trip over your own words.

So, What Should You Do Now?

If you’ve been in an accident and you’re worried about how comparative negligence might impact your case, don’t stress! Whether you’re partially at fault or not, the key is to have a strong legal team that knows how to prove the other party’s fault and minimize your own.

At The Hines & Wilson Law Firm, we can help you understand the ins and outs of your personal injury case, explain how comparative negligence could apply to your situation, and fight to get you the compensation you deserve—even if you’re partially at fault.

So, don’t wait until you’re stuck with a legal mess. Give us a call, and let’s work together to figure out the best way forward. You’ve got enough to worry about with recovery, so let us handle the legal details.