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A Proven Full Service Law Firm Since 1971
888-368-0983

Understanding Comparative Negligence in Personal Injury Cases

by | Jan 21, 2025 | Personal Injury

When someone is injured in an accident, determining fault is one of the most critical steps in pursuing compensation. However, not all accidents are entirely the fault of one party. In such cases, the concept of comparative negligence helps decide how responsibility is divided among the parties involved. Understanding how this principle works is vital for anyone pursuing a personal injury claim.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine that allows courts to allocate fault between parties in an accident. Even if you share some responsibility for the incident, you may still be entitled to compensation. Your percentage of fault typically reduces the amount awarded.

For example:

If you are found 20% responsible for a car accident and the total damages are $50,000, you would receive $40,000 (80% of the total).

Types of Comparative Negligence

  1. Pure Comparative Negligence: Compensation is awarded even if you are mostly at fault (e.g., 90%).
  2. Modified Comparative Negligence: You can recover damages only if your fault is below a specific threshold (commonly 50% or 51%).

The laws regarding comparative negligence vary by state, so it’s essential to understand how they apply in your jurisdiction.

Why It Matters in Personal Injury Cases

Comparative negligence can significantly impact the end result of your case. Insurance companies often try to attribute as much fault as possible to reduce their payouts. Having clear evidence, such as photos, witness statements, and medical records, strengthens your case and helps minimize your percentage of fault.

Contact us today so we can discuss your case and learn how we can help you protect your rights. Whether you were injured in a car accident, slip-and-fall, or another incident, we’re here to fight for you every step of the way.

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