what is comparative fault

Comparative Fault – Arizona Personal Injury Law

In Arizona, when you are hurt as a result of someone else’s negligence, you are entitled to compensation for your injuries. But what happens if you are partially at fault for the accident that caused your injuries?

Arizona law dictates that the blame of all the parties involved with an accident must be taken into account. This doctrine is known as comparative negligence or fault.

Comparative negligence is calculated by considering the conduct of each negligent party that contributed to the injuries and apportioning degrees of fault on each party using percentages.  To determine the amount each party must pay to the injured person, the court multiplies the total amount of damages recoverable by the injured person by the percentage of each defendant’s fault. Further, the injured person’s damages are reduced by the percentage that they have been deemed responsible for their own injuries. For example, if an injured person is found 20% negligent for their injuries, the damages they are awarded are reduced by 20%. The injured person would recover the remaining 80%.

The insurance company will offer you less than full compensation for your injuries by alleging you caused your injuries or your injuries were caused by a third party. Protect yourself by contacting Fleming & Monroe. We offer a free initial consultation to discuss your case.