Many states use comparative negligence when determining who should receive awards in a personal injury case. Comparative negligence takes into account all contributing factors to an accident and determines what percentage of responsibility each factor had in causing the accident in question.
In some instances, a liable party will only be responsible for providing compensation related to the percentage of responsibility they held in an accident. For example, if a person is held 70% responsible for an accident, he or she may only be responsible for providing 70% of the total compensation that would have been awarded in a successful lawsuit.
Types of Comparative Negligence
Not all states have the same comparative negligence laws. In fact, there are three different types of comparative negligence in use among the states with this legal doctrine in place. These three types of comparative negligence include the following:
Pure comparative negligence
Modified comparative negligence, if the plaintiff’s blame is not greater than the defendant’s
Modified comparative negligence, if the plaintiff’s blame is not as great as the defendant’s
Some states, however, do not have any form of comparative negligence laws, and as such, a party found to be at fault for an accident will be responsible for providing the plaintiff with 100% of the compensation awarded. A personal injury attorney can help you determine what laws apply in your state and to your specific situation.
For more information on comparative negligence, or to discuss your situation with a compassionate attorney today, contact the St. Louis personal injury attorneys of the Finney Law Office at 314-646-0300.