Did you know that even if you were partially at fault for an accident, you might still be entitled to compensation? Understanding Utah’s comparative negligence law is crucial for anyone pursuing a personal injury claim.
What Is Comparative Negligence?
Comparative negligence is a legal principle that determines how much compensation you can receive if you share some responsibility for your accident. Utah follows a “modified comparative negligence” rule.
How It Works in Utah
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Percentage of Fault: The court assigns a percentage of fault to each party involved.
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Compensation Reduction: Your compensation is reduced by your percentage of fault. For example, if you’re found 20% at fault, your recovery is reduced by 20%.
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51% Rule: If you are 50% or less at fault, you can still recover damages. If you are 51% or more at fault, you cannot recover any compensation.
Why Comparative Negligence Matters
Insurance companies often try to shift blame to reduce their payout. Without experienced legal representation, you could end up with far less than you deserve—or nothing at all.
Real-Life Example
Suppose you’re injured in a car accident and the court finds you 30% at fault. If your damages total $100,000, you would still be eligible to recover $70,000. But if you are found 51% at fault, you get nothing.
Protect Your Rights with a Skilled Attorney
Proving fault and minimizing your percentage of responsibility requires thorough investigation and strong advocacy. The attorneys at Hillyard, Anderson & Olsen, P.C. have extensive experience handling personal injury cases throughout Utah. They know how to gather evidence, challenge unfair blame, and fight for the compensation you deserve.
Take Action—Don’t Let Fault Stand in Your Way
Don’t let confusion about fault prevent you from seeking justice. Call Hillyard, Anderson & Olsen, P.C. at (435) 752-2610 or visit our website for a case evaluation. Their knowledgeable attorneys will explain your options and help you pursue the maximum compensation available.