Negligence laws have changed over the decades in most states to prepare for the possibility that a plaintiff may be partially at fault for their own injuries.
Lansing, MI – In any accident case, the person or business that is determined to be at fault will have to pay for the losses of the victim. This concept of fault that is used in many insurance claims and similar matters is generally based around the law of negligence. This is an important concept in civil lawsuits, and it essentially means that a party that was not careful enough should have to pay the others hurt by their mistakes. The victim can ask for various costs after they prove fault by the defendant. However, because each state has negligence laws that can make a large difference in a lawsuit, it is important for anyone thinking about a lawsuit to get legal advice and decide on the best course of action.
How negligence is shown in a lawsuit
There are a few basic elements of negligence that remain similar in every jurisdiction. This includes a basic duty of care, a breach of that duty, actual and proximate causation, and specific damages or losses sustained by the plaintiff. Each element needs to be present, otherwise the lawsuit will not be successful. The duty of care is based on what a reasonable person in the same situation would have done, such as obeying all relevant rules and regulations and acting with an appropriate amount of care. In cases related to car crashes, violations of traffic laws can be strong evidence of negligence.
Michigan’s negligence law
Negligence laws have changed over the decades in most states to prepare for the possibility that a plaintiff may be partially at fault for their own injuries. Michigan uses a system of comparative negligence that is unique compared to other states. Under this system, a person cannot seek any non-economic damages for pain and suffering if they are considered to be greater than fifty percent at fault for their own injuries. However, for economic costs, the plaintiff can ask for compensation regardless of their level of fault. In cases where the plaintiff has been found to be partially at fault, their damage award is reduced proportionately. The analysis of each party’s percentage of fault is highly fact intensive, so this depends on how each accident happened and how it appears that each person involved contributed to the incident.
Accident lawyers are available in Lansing
Neumann Law Group is a firm that handles various kinds of accident lawsuits for local clients in the Lansing area. Anyone who wants more specific advice can schedule a meeting with their attorneys.
USAttorneys.com is a service that helps people find lawyers who match their needs. People who are searching for the right legal professional can call 800-672-3103 for assistance.