In personal injury cases, the concept of comparative negligence can affect how much compensation you receive. If both parties share responsibility for an accident, the court will determine each side’s degree of fault and adjust the damages accordingly.
What Is Comparative Negligence?
Comparative negligence assigns a percentage of blame to each party involved in an accident. This is especially common in car accidents, slip-and-fall cases, and other personal injury claims.
Types of Comparative Negligence:
- Pure Comparative Negligence: You can recover damages even if you’re 99% at fault, but your compensation is reduced by your percentage of fault.
- Modified Comparative Negligence (50% Rule): You can only recover if you’re 49% or less at fault.
- Modified Comparative Negligence (51% Rule): You can recover as long as you’re 50% or less at fault.
The rules vary by state, so it’s important to know which model your state uses.
Example:
If you’re awarded $100,000 in damages but found 30% at fault, you’ll receive $70,000. If you’re found more than 50% at fault (in some states), you may get nothing.
Why It Matters:
Insurance companies often argue that the victim shares blame to reduce payouts. Understanding comparative negligence can help you better negotiate or present your case.
Proving Lower Fault:
- Gather strong evidence (photos, witnesses, medical reports)
- Avoid admitting fault
- Work with an attorney to build a strong narrative
Conclusion:
Comparative negligence plays a major role in personal injury law. Knowing how it affects compensation is essential to protecting your rights and maximizing recovery.