Comparative negligence is a legal doctrine that allows courts to reduce the amount of damages that a plaintiff can recover in a personal injury case, based on the plaintiff’s own negligence.
Under the doctrine of comparative negligence, a plaintiff’s negligence is compared to the negligence of the defendant. If the plaintiff is found to be partially at fault for the accident, their damages will be reduced by the percentage of fault that is attributed to them.
For example, if a plaintiff is found to be 20% at fault for an accident, their damages will be reduced by 20%. This means that the plaintiff will only be able to recover 80% of their damages from the defendant.
There are three main types of comparative negligence: pure comparative negligence, modified comparative negligence, and slight-gross comparative negligence.
Pure comparative negligence is the most common type of comparative negligence. Under pure comparative negligence, a plaintiff can recover damages even if they are more than 50% at fault for the accident. However, the plaintiff’s damages will be reduced by the percentage of fault that is attributed to them.
Modified comparative negligence is a type of comparative negligence that bars a plaintiff from recovering damages if they are more than a certain percentage at fault for the accident. The percentage at which a plaintiff is barred from recovery varies from state to state. In some states, the bar is set at 50%, while in other states, the bar is set at 51%.
Slight-gross comparative negligence is a type of comparative negligence that gives more weight to the negligence of the defendant. Under slight-gross comparative negligence, a plaintiff can only be barred from recovering damages if they are found to have been grossly negligent. Gross negligence is a much higher standard of negligence than ordinary negligence.
Comparative negligence can apply to a wide range of personal injury cases, including car accidents, slip-and-fall accidents, and medical malpractice cases.
If you have been injured in an accident and are considering filing a personal injury lawsuit, it is important to consult with an experienced personal injury attorney to discuss your case. An attorney can help you understand your legal rights and options, and can fight to get you the maximum compensation that you deserve.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.
