The Real Justice

Is Modified Comparative Negligence Really Fair?

When you’re injured in a car accident, it’s tough to overcome your injuries. You’re not just facing those injuries, after all. You’re also facing an irresponsible driver who doesn’t want to pay, as well as state laws that may not have your best interests in mind.

Wisconsin is one of many states that recognizes “modified comparative negligence,” but popularity doesn’t mean it’s fair. Unfortunately, many people find themselves struggling despite laws that should make recovering from an accident easier. That means many people aren’t getting the real justice they deserve.

Let’s take a look at the laws you’re facing when you’ve been hit by another driver in Milwaukee. Understanding your claim is key to making sure you’re getting the fair treatment you deserve.

What Is Comparative Negligence?

First, it’s important to understand your state laws on negligence and what that means for you. First, Wisconsin is a “fault state.” That means that the person who caused your car accident is financially responsible for your recovery.

However, that doesn’t mean you’re completely off the hook for the crash, and that’s where the problem lies.

Instead, you could be accused of being partly responsible for their injuries. For example, the other driver may admit that they fell asleep behind the wheel and hit you. However, they also claim that you were texting and driving. If you don’t defend yourself against that claim, your case could be affected.

For example, in this case, you might be found twenty percent at fault for the car accident. Modified comparative negligence would reduce what you received to only eighty percent of your compensation.

Your Claim Could Be Lost

Claims like this don’t seem to provide anyone much justice. The person responsible may be responsible, and they may also be hurt. Now, you’re both seeking compensation for your suffering, and you may only receive a portion of it.

Worse, you could lose your compensation completely. If you’re more than fifty percent at fault for the car wreck, your claim can be completely dismissed. That leaves you still suffering because someone was careless, but without the assistance you need to recover from your injuries.

While your Milwaukee car accident lawyer can help you fight back and protect your claim, it can feel unfair for all parties involved in the meantime, but especially for you. You’re now left to figure out your own case and recover, even if you weren’t the one at fault.

Protecting Your Compensation

If you’ve been injured by a dangerous driver, it’s important to get the full compensation you deserve. Unfortunately, Wisconsin law doesn’t always make that easy. Instead of streamlining the process of getting the resources injury victims need for their recovery, state law can make it more difficult to overcome the complexities of these insurance laws.

That’s why it’s so important to focus on how these laws can affect you today. A serious injury can be long-lasting, so you’ll need financial help.

Real justice is hard to come by, and modified comparative negligence laws don’t always make the cut. That’s why it’s so important to keep an eye on our lawmakers and legal systems. So, next election season, let’s focus on promoting change and true justice for victims of auto accidents.

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