The basis of any personal injury claim is determining who is at fault and measuring damages for injuries that result. Complexities arise when more than one party shares responsibility for actions that led to the injury, requiring a fair division of liability.
Shared liability under Wyoming’s “Modified Comparative Fault” rule is a factor that can greatly influence the outcome of any personal injury case. As a claimant, it is critical to understand your rights and how damages can be impacted when the plaintiff or any other person or company shares partial liability.
If you have been seriously injured or a loved one killed due to negligence, it is crucial to hire an experienced personal injury attorney who understands how to navigate Wyoming’s complex personal injury laws. The Fitzgerald Law Firm has decades of experience handling serious injury and wrongful death cases. The firm holds multiple record-setting verdicts, some of which are the largest upheld on appeal in the State of Wyoming.
What is Comparative Fault?
Comparative fault, also known as shared liability or comparative negligence, is a legal principle that acknowledges the responsibility of multiple parties and factors in a given accident. It reduces the amount of damages a plaintiff can receive in a negligence case based on how much fault they share in the incident.
For example, if two drivers break traffic laws and cause a collision, both drivers can be at fault. The court will need to determine the amount of fault each driver played in the incident. If the court finds Driver A 60% responsible for the crash and Driver B 40% accountable for the crash, Driver A would not be able to collect damages, and Driver B would be able to collect damages reduced by 40%.
When it comes to shared liability, legislation varies significantly across different states. While comparative fault can benefit victims of serious accidents, working with an accident attorney who understands the complexities of your state’s laws is critical for navigating a successful lawsuit.
Comparative Fault Laws in Wyoming
Wyoming is one of 11 U.S. states that exercise a “Modified Comparative Fault” rule. Under Wyoming Statutes section 1-1-109, the law allows for financial recovery only when the claimant is 50 percent or less responsible for causing the accident compared to the other party (or parties) involved. This means that you can still recover damages as long as you are less than 50% at fault for the accident.
How is Liability Determined?
Throughout your case, your lawyers and lawyers representing the defendant will gather evidence, including witness statements, police reports, and other files, to help the judge or jury identify the cause of the incident and the fault the defendant and plaintiff contributed. While some cases are straightforward, others require extensive review and consideration.
The defendant’s legal team will often downplay their involvement and attempt to prove that the plaintiff’s negligence contributed more to the injury. For this reason, it is critical that you are represented by a lawyer who has a concrete understanding of Wyoming laws and extensive trial experience handling comparative fault claims against the toughest defense attorneys and hard-lined insurance representatives.
In Wyoming, if the defendant can prove that the injured person’s negligence contributed to the resulting injury, the plaintiff’s damages can be reduced according to the judge or jury’s decision on their share of the negligence.
When Do We See Comparative Fault Come Into Play?
While any incident that results in injury can stem from more than one party or action, motor vehicle accidents, truck accidents, equipment failures, and premises liability accidents result in complex scenarios and severe injuries that often depend on comparative fault rulings.
In these complex cases, determining liability requires extensive investigation that looks at the scene and all individuals involved. This can include collaboration with industry experts who specialize in manufacturing, engineering, or security, among other specializations.
The Wyoming Attorneys Who Will Fight For You
To navigate Wyoming’s complex comparative negligence laws and ensure justice is served, it is essential to seek the services of a firm with a proven record of success in comparative fault cases.
The Fitzgerald Law Firm team understands that pursuing damages can be frustrating and challenging, especially when more than one party is responsible. The firm is known for prioritizing its clients’ needs, and its success is evident in its exemplary results, including the record for the largest verdicts for personal injury and wrongful death ever upheld on appeal in Wyoming history.
Contact The Fitzgerald Law Firm today to discuss your case and pursue justice.