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How Is Fault Determined In A Personal Injury Case?

If you have been injured in an accident, you may wonder if fault matters when seeking damages. In this blog, our experienced personal injury attorneys at Carr | Woodall will describe how fault is determined in a personal injury case and discuss the importance of having an experienced personal injury attorney on your side.

Determining Fault

In some personal injury cases, fault may need to be established to support your case or for the awarding of damages. Many factors go into determining fault in a personal injury case.

The court will consider the following when determining fault:

  • Who caused the accident?
  • Was anyone involved in the accident negligent?
  • What are the applicable laws?
  • What do witnesses have to say about the accident?
  • Was the accident avoidable?

After reviewing all of these factors and other related questions, the court will determine the negligence of each party and the percentage awarded.

Fault and Your Personal Injury Case

Fault plays a significant role in personal injury cases. Utah uses the comparative negligence rule, which means that the fault of all parties is compared when damages are awarded. This helps individuals so that if they are partially at fault for their injuries, they can still be compensated so long as the defendant has a greater fault percentage than the plaintiff or the plaintiff’s fault is 49% or less.

It is important to have an experienced personal injury attorney on your side who can help you navigate the legal process and ensure that you are fairly compensated for your injuries.

Finding Simple Solutions to Complex Problems

At Carr | Woodall our personal injury attorneys have years of experience advocating for the rights of accident victims. We will fight to get you the compensation you deserve. Contact us today by calling us at (801) 988-9400 or filling out our online contact form for a case consultation.

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