In many personal injury cases, both parties share some blame. That’s where comparative negligence laws come into play — and they directly affect how much money you can recover.
What Is Comparative Negligence?
It means fault is shared between you and the other party. For example, you were hit by a car while jaywalking — both you and the driver may bear responsibility.
Types of Comparative Negligence:
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Pure Comparative Negligence: You can recover damages even if you're 99% at fault. (e.g., California, New York)
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Modified Comparative Negligence: You can only recover if you’re less than 50% or 51% at fault, depending on the state.
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Contributory Negligence (Very Rare): If you're even 1% at fault, you recover nothing. (e.g., Alabama)
How It Affects Your Settlement:
If you're found 30% at fault and the damages are $100,000, you’ll receive $70,000.
Proving Lesser Fault:
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Police reports
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Traffic laws
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Witnesses and video
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Accident reconstruction experts
Why Legal Help Matters:
Insurance companies often exaggerate your share of fault to reduce payouts. An experienced attorney can fight to minimize your percentage of blame.
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