When you're injured due to someone else’s negligence, you may assume the other party will be fully liable. However, in many states, the principle of comparative negligence may reduce your compensation if you are partially at fault.
What Is Comparative Negligence?
Comparative negligence allows a court to assign fault to both the defendant and the plaintiff. For example, if you’re found 30% at fault in a car accident and the damages total $10,000, your recovery would be reduced to $7,000.
Types of Comparative Negligence:
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Pure Comparative Negligence:
You can recover damages even if you are 99% at fault — your compensation is just reduced accordingly. States like California and New York follow this model. -
Modified Comparative Negligence:
You can recover damages only if you are less than 50% or 51% at fault, depending on the state. If you’re more at fault, you recover nothing. -
Contributory Negligence:
In a few states (like Alabama), if you’re even 1% at fault, you cannot recover any damages. This rule is harsh and controversial.
Why It Matters:
Insurance companies use comparative negligence to reduce payouts. If you make statements admitting partial fault or fail to provide strong evidence, your recovery could be reduced.
Tips for Protecting Yourself:
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Document the scene thoroughly
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Avoid admitting fault at the scene or on social media
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Consult a personal injury attorney before giving a recorded statement
Understanding how your state applies this rule can significantly affect your claim.
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