Is Pennsylvania a Comparative Negligence State?

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Few things are worse than being injured in an auto accident, or any type of accident for that matter. That being said, if you were recently hurt in an accident due to the negligence of another, but you think you may have played a minimal role in the accident, there is a chance you may still qualify for compensation. Please continue reading and reach out to a seasoned York County, PA auto accident attorney from Ilkhanoff & Silverstein to learn more about comparative negligence, whether PA observes it, and our how our legal team can help you fight for the full and fair compensation to which you are entitled. Here are some of the questions you may have:

Does Pennsylvania observe comparative negligence?

States handle liability differently. For example, some states observe pure contributory negligence, meaning if one person is even 1% at fault for an accident, they will be disqualified from receiving any amount of compensation for their injuries. On the other hand, some states observe pure comparative negligence, meaning even if someone is 99% at fault for an accident, they can recover 1% of the compensation they would have been entitled to, had the other party been 100% at fault. Pennsylvania, however, is a modified comparative negligence state, meaning that as long as you are less than 51% at fault for an accident, you should qualify for compensation. So, for example, let’s say you were 40% at fault for a given accident. In this case, you may still qualify to receive 60% of the compensation you would have received, had the other party been 100% at fault.

What should I do to help prove my personal injury claim?

To maximize your recovery for damages incurred due to an auto accident, you should take several steps. First, after an accident, you should call 911, especially if you believe you need emergency medical attention. The police will write up an accident report and send an ambulance to the scene. You should also get the other driver’s insurance information. If possible, you should ask any witnesses of the accident for their contact information, as you may use them to corroborate your personal injury claim at a later date. If you can, you should take pictures of your vehicle, the other driver’s vehicle, and any other property that was damaged in the accident. Once you’re treated for your injuries, you should keep copies of all medical documentation. Finally, you should hire a dedicated personal injury lawyer who can fight for the full and fair compensation to which you are entitled in a personal injury claim. If you have any additional questions, simply pick up the phone and give us a call today. We are here to fight for you, every step of the way.

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