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How contributory negligence affects personal injury claims

On Behalf of | Feb 21, 2019 | Personal Injury |

Most people in Hawaii will suffer an injury at some point in time in their lives. These affect many different parts of the body and the severity can vary greatly as well. Some do not have a major effect on one’s life, but some can completely change one’s life potentially for the rest of their life. How the person is injured varies as much as the injuries themselves. Sometimes the injury occurs due to the person’s own negligence, but in many other situations, the injury is caused by someone else’s negligence.

This could be due to a car accident, a slip-and-fall accident, a boating accident, a dog bite, a defective product and many other situations. If a person is injured in these types of personal injury accidents, they may be entitled to compensation from the person or entity who caused the accident and the injuries. How much the person may receive really varies depending on the total damages, which can include medical bills, lost income, pain and suffering and other damages.

Another aspect of the accident that can change the amount of compensation the victim receives is if their own negligence played a role in the accident. This is known as contributory negligence. If the victim’s negligence was less than 50% of the cause of the accident, the victim would still receive compensation, but the overall award is reduced by their percentage of fault. So, if the victim was 25% at fault for the accident and the total damages were $100,000, the victim would only receive $75,000 instead of the full $100,000.

No one likes to be injured in Hawaii as the injuries can be very painful, limit their activities and be very costly as well. The victims may be entitled to compensation though depending on who caused the accident. This can be very valuable to the victim as they recover, but their overall award may be reduced if they contributed to the cause of the accident. Experienced attorneys understand the law and may be able to help one receive what they deserve.