Understanding Comparative Negligence in Personal Injury Cases
Understanding Comparative Negligence in Personal Injury Cases
What is Comparative Negligence?
Comparative negligence is a principle of law that is used to determine fault and damages in a personal injury case. It compares the negligence of each party involved and assigns a percentage of fault.
How Does Comparative Negligence Work?
In a personal injury case, the court will determine the percentage of fault for each party. This percentage is then used to determine the amount of damages that the plaintiff can recover.
Types of Comparative Negligence
There are two main types of comparative negligence: pure comparative negligence and modified comparative negligence.
Pure Comparative Negligence
In a pure comparative negligence system, the plaintiff can recover damages even if they are 99% at fault. The damages are reduced by their percentage of fault.
Modified Comparative Negligence
In a modified comparative negligence system, the plaintiff can only recover damages if they are less than 50% at fault. If they are 50% or more at fault, they cannot recover any damages.
The Impact of Comparative Negligence on Personal Injury Cases
Comparative negligence can significantly impact the outcome of a personal injury case. It can reduce the amount of damages that a plaintiff can recover, or even prevent them from recovering any damages at all.
