What does this mean for your claim and your ability to recover compensation? Brown & Brown, LLP can help you navigate these complex issues. For over 30 years, we have stood up for victims in St. Louis and nearby Illinois.
What Is Comparative Negligence?
In many slip and fall cases, it’s not always clear who is at fault. Comparative negligence allocates a percentage of blame to each involved party.
If you are found partially responsible for your accident – for example, if you were texting while walking – you may still recover damages. However, the amount could be reduced based on your level of fault.
Comparative negligence comes in two main forms:
- Pure comparative negligence: You can recover compensation even if you are 99% at fault. However, your percentage of fault reduces your award.
- Modified comparative negligence: You can only recover compensation if you are less than 50% (or in some states, 51%) at fault.
Missouri follows pure comparative negligence. Illinois uses a modified comparative negligence rule where you must be less than 50% responsible to recover damages.
How Comparative Negligence Impacts Your Slip and Fall Claim
Here’s how this concept could affect your recovery:
- Reduced compensation: If you are found 20% responsible for your fall, your final award will be reduced by 20%.
- Insurance negotiations: Insurance companies may use comparative negligence to minimize payouts. Having strong legal representation is crucial.
- Evidence matters: Thorough documentation, witness statements, and surveillance footage can strengthen your claim.
At Brown & Brown, LLP, our team builds strong cases by investigating every detail. We believe no one should face this process alone, and we are committed to pursuing the full compensation you deserve.
Seek Help With Your Slip and Fall Claim
Comparative negligence can seem confusing, but it doesn’t have to keep you from seeking justice. Brown & Brown, LLP is ready to stand by your side after a slip and fall accident.
With offices serving St. Louis and Illinois, we offer personalized legal support built around your needs. Call 314-333-3333 or 573-333-3333 in Missouri, or 618-888-8888 in Illinois to schedule a case review.
