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Admiralty Lawyer Straight Talk Admiralty law is the law of the sea. The law in admiralty personal injury lawsuits is far different than most State law. If you were seriously injured in a admiralty case - you need Admiralty Lawyer Straight Talk. In the Admiralty Attorney Straight Talk article series we don't give you attorney double talk. Instead, we give you unvarnished, unsweetened truth. This is Part 1 of a 2 Part article on comparative fault in admiralty personal injury lawsuits. Comparative Fault In Admiralty Personal Injury Lawsuits Contributory negligence is negligence by you - - the injured person that is bringing the admiralty lawsuit. Which usually means that your injury occurred on navigable waters. Say, in a boating collision, cruise ship slip and fall, Longshore vessel third-party injury, or a Jones Act Seaman lawsuit and the like. In many instances, juries and Judges find that the injured person was partly at fault for causing their injuries. This is called "contributory negligence." You should know how your being partly negligent will affect your recovery. In admiralty law, contributory negligence does not wholly bar you (read: an injured person) from recovery. Contributory negligence is instead considered in mitigation of damages. The general rule in personal injury actions brought in admiralty is that contributory negligence is not a complete bar to recovery but it does operate to reduce the amount of the damage award. State differently - in admiralty law personal injury lawsuits - contributory negligence is not a complete bar to recovery but it does operate to reduce the amount of your damage award. A Case Study Example For example, if you are a plaintiff in an admiralty personal injury case, if your total damages are $1,000,000 and the jury found you were 30% contributory negligence - - you would recover $700,000. $1,000,000 x 30% = $300,000 $1,000,000 - $300,000 = $700,000 Meaning, your damages were mitigated (read: lowered) by the comparative amount of your negligence. Your negligence should be compared to the negligence of the defendants. Disclaimer This Admiralty Lawyer Straight Talk article is not legal advice. I am simplistic in order to achieve clarity. Your situation, case, events, and/or circumstances are probably different than those described in this article. If you are bringing an Admiralty personal injury lawsuit nothing is more important than your credibility. Always tell the truth. Always. Never fudge or exaggerate your injuries or damages. The second most important thing is that you need to hire the very best Admiralty Lawyer you can find. Bill Turley is a leading California Admiralty Lawyer and San Diego Admiralty Attorney. He has the highest Avvo Rating and was awarded Super Lawyer.
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