Focusing on healing and attending medical appointments should be your main concern after an accident. However, with the mounting medical costs, you wonder if you can obtain compensation from the other party, even if you are partially responsible for the accident.
Understanding the negligence laws in Arkansas can help you determine whether you are eligible to pursue compensation.
Understanding the modified comparative negligence rule
In Arkansas, the courts and insurance companies navigate personal injury cases by using the modified comparative negligence principle. When deciding your claim’s settlement amount, they compare your level of fault to that of the other party.
To be eligible for compensation, you must be less than 50% at fault for the accident. You have the right to seek financial recovery as long as the other party bears greater responsibility for your injuries.
Obtaining compensation
The judge, jury or insurance provider determines your fault and settlement amount based on the evidence from both parties and damages. For instance, they decide your total damages amount to $100,000 and find that you are 20% at fault for a car accident.
Since your fault is less than the state threshold, you can still receive compensation. However, your fault percentage reduces the award. As a result, you can only obtain $80,000.
Protecting your right to recovery
If you believe you are not primarily at fault for an accident, proving it is the next step. You must gather essential evidence to minimize your assigned fault and clearly show that the other party bears a greater burden of negligence.
A personal injury claim can be overwhelming, especially when insurance companies unfairly shift blame onto you. Having legal counsel can offer guidance and advocate for you.