The typical assumption after a car accident is that whoever caused it will pay for all the damages. But that is not always the case because of certain legal concepts used in the state.
Delaware uses a comparative negligence law under Delaware code title 10 section 8132, which could impact your ability to receive full payment for your losses and expenses after a car accident.
The concept of comparative negligence
The idea of comparative negligence is that both parties could possibly have contributed to an accident. The court considering a case will look at the actions of everyone involved in the incident to determine the amount of fault for each.
Damages under comparative negligence
When you take your case to court to seek damages for a car accident, you will need to prepare to show that you have minimal or no fault in what happened. The court will only award you damages if you were less than 50% at fault.
The breakdown of damages under comparative negligence
You will only receive the percentage of the damage award that matches the other party’s percentage of fault. For example, if you receive a $100 damage award but the court found you 25% at fault, then you would only receive $75 because the other party is 75% at fault.
It is essential to understand the consent of comparative negligence when you take a personal injury case to court because it will have an impact on the damages you can receive. You should plan your case accordingly to maximize your damages.