Not every accident is entirely one person’s fault. In many personal injury cases, both parties share some blame. That’s where comparative negligence comes in — and it can affect your compensation.
What Is Comparative Negligence?
- A legal principle where fault is shared between the plaintiff and defendant
- Damages are reduced based on your percentage of fault
Types of Comparative Negligence:
- Pure comparative negligence (e.g., California, Florida):
- You can recover even if you’re 99% at fault
- Modified comparative negligence (e.g., Texas, New York):
- You can only recover if less than 50% or 51% at fault
- Contributory negligence (e.g., Maryland):
- If you’re even 1% at fault, you may be barred from recovery
Example:
- Total damages: $10,000
- You’re 30% at fault
- You receive $7,000
Why It Matters:
- Insurance companies use it to reduce payouts
- Proving lower fault increases compensation
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