This form is a sample separate answer filed by the defendant in a personal injury claim.
Puerto Rico Separate Answer - Personal Injury Accident
State:
Multi-State
Control #:
US-PI-0133
Format:
Word;
Rich Text
Instant download
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How to fill out Separate Answer - Personal Injury Accident?
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FAQ
Personal Injury actions under Puerto Rico law are governed under Article 1802 of the Civil Code of Puerto Rico, 31 Laws of Puerto Rico, 5141. Said disposition states that "a person who by an act or omission causes damage to another through fault or negligence shall be obliged to repair the damage so done".
Different Types of Negligence. While seemingly straightforward, the concept of negligence itself can also be broken down into four types of negligence: gross negligence, comparative negligence, contributory negligence, and vicarious negligence or vicarious liability.
The main difference between contributory negligence and comparative negligence is that the contributory negligence doctrine bars plaintiffs from collecting damages if they are found partially at fault for their accident-related injuries, whereas the comparative negligence doctrine does not.
What Is Comparative Negligence? Comparative negligence is a principle of tort law that applies to casualty insurance in certain states. Comparative negligence states that when an accident occurs, the fault and/or negligence of each party involved is based upon their respective contributions to the accident.
Can you sue under a state tort claims act? Yes. Puerto Rico law allows suits against the State and municipalities in certain instances of negligence.
For example, if the other driver is determined to be 80% at fault and you are determined to be 20% at fault, you can collect for your damages because you were less than 50% at fault. However, the other driver's insurance company might only offer to pay for 80% of your damages.
Contributory negligence is a common law tort rule which bars plaintiffs from recovering for the negligence of others if they too were negligent in causing the harm. Contributory negligence has been replaced in many jurisdictions with the doctrine of comparative negligence.
All states have a time limit on how long you have to file a personal injury claim. In states like Florida, the time limit, called the Statute of Limitations, is four years, while in Puerto Rico, the time limit is one year, and the clock starts ticking when the injury occurs.