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Personal Injury

What is Comparative Negligence?

A legal doctrine that allows damages to be apportioned based on each party's degree of fault. The plaintiff's recovery may be reduced by their percentage of fault.

Understanding Comparative Negligence

There are two main types: pure comparative negligence (plaintiff can recover even if 99% at fault) and modified comparative negligence (plaintiff cannot recover if more than 50% or 51% at fault, depending on the state). This differs from contributory negligence, which bars recovery if the plaintiff is at all negligent.

Examples

  • 1Plaintiff found 20% at fault, recovery reduced by 20%
  • 2Both drivers partially responsible for accident
  • 3Pedestrian jaywalking but hit by speeding driver

Why This Matters in Legal Cases

Comparative negligence directly impacts how much money your client receives. In a state using modified comparative negligence, being found 51% at fault can mean zero recovery. Even in pure comparative negligence states, a high fault percentage dramatically reduces compensation. Understanding your state's rules is essential for case evaluation and setting realistic client expectations.

Explaining to Clients

Use concrete numbers to explain comparative negligence. For example: "If the jury decides your damages are $100,000 but you were 30% at fault, you would receive $70,000." Warn clients that the defense will try to increase their percentage of fault, which is why documenting everything and following medical advice is critical.

Frequently Asked Questions

What is the difference between comparative and contributory negligence?

Comparative negligence reduces your recovery by your percentage of fault. Contributory negligence (used in only a few states like Alabama, Maryland, North Carolina, and Virginia) completely bars recovery if you are even 1% at fault. Most states have moved to the more fair comparative negligence system.

How is my percentage of fault determined?

If the case goes to trial, the jury assigns fault percentages to each party based on the evidence. In settlement negotiations, the insurance company and your attorney negotiate based on the likely outcome at trial. Evidence like police reports, witness testimony, and expert analysis all factor into the determination.

Does comparative negligence apply to all types of injury cases?

Comparative negligence applies to most negligence-based cases including car accidents, slip and falls, and medical malpractice. It generally does not apply to strict liability claims (like some product liability cases) or intentional torts, though rules vary by state.

Sources

Related Terms

Contributory Negligence

A legal doctrine in which a plaintiff who is found to be even slightly at fault for their own injuries is completely barred from recovering any compensation from the defendant.

Personal Injury

A legal term for an injury to the body, mind, or emotions, as opposed to damage to property. Personal injury claims are typically brought in civil court to recover compensation for harm caused by another party's negligence or intentional misconduct.

Negligence

The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.

Damages

Monetary compensation awarded to a person injured through the wrongful conduct of another party. Damages are intended to restore the injured party to the position they were in before the injury occurred.

Liability

Legal responsibility for one's actions or omissions. When a person or entity is found liable, they are legally obligated to compensate the injured party for their losses.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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