How Modified Comparative Negligence Works in Pennsylvania Slip and Fall Cases

                By on August 8th, 2018 in Blog

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Despite the claims of negligent property owners, no person ever enters premises with the intention of suffering an injury. When a person suffers an injury because of a dangerous property condition, usually in what is referred to as a “slip and fall” accident, it can be extremely confusing trying to figure out how to recover damages for the injuries.

It is extremely common for a property owner who is accused of being negligent in the maintenance of the property to claim that a victim was the party responsible for his or her injuries. The insurance company for the negligent party will generally support this claim and try to reduce any possible payout by attempting to prove a victim’s own negligence.

For this reason, any person who is injured in a slip and fall accident to seek legal representation immediately. Your attorney can represent you in all conversions with insurers and negotiate to make sure you receive all of the compensation you are entitled to. Contact Edelstein Martin & Nelson, LLP today.

Modified Comparative Negligence in Pennsylvania

Slip and Fall Accidents in PennsylvaniaWhen it comes to a victim’s negligence, a person is allowed to recover damages so long as he or she was not more than 50 percent at fault for the accident. In all other cases, the victim’s percentage of comparative negligence proportionally reduces his or her award.

In other words, a person who is determined to be 25 percent at fault for an accident resulting in damages of $100,000 would have his or her award reduced by $25,000 and ultimately receive $75,000. Some of the most common claims that property owners make which may be construed as victim negligence include disregard for posted signs, distractions such as cell phone usage, or apparent dangers.

Avoid Comparative Negligence Arguments

People who have been injured in slip and fall accidents need to remember to take three critical steps. First, all victims should seek medical attention. This includes people who do not think they were injured, as some injuries involve delayed symptoms and insurance companies routinely use delays in treatment to argue injuries are not as serious as claimed.

The next step people should try to take us to photograph the scenes of their accidents. When victims are unable to do this because of the need for medical care, they should try to have friends or family members take pictures for them. You want to photograph particular hazards before they are corrected and try to get as many pictures as possible from various angles and distances.

Finally, you will want to make sure that you contact a skilled personal injury lawyer. Try to have legal representation before speaking to an insurance company.

Find a Slip and Fall Accident Attorney in Pennsylvania

Did you sustain severe injuries or was your loved one killed in a slip and fall accident in Pennsylvania? You will want to contact Edelstein Martin & Nelson, LLP as soon as possible.

Our Philadelphia personal injury lawyers will fight to get you the compensation you need and deserve for your medical expenses, lost wages, and pain and suffering. Call (888) 208-1810 or contact us online to schedule a free consultation.