Comparative Fault – Apportionment Between Plaintiff and Defendants
In personal injury law, the term “comparative negligence” refers to the determination of fault, if any, the plaintiff may have in relationship to the personal injury that occurred. In other words, did the plaintiff’s own negligence, by action or omission, in any way contribute to the plaintiffs own injury? Comparative negligence laws vary from state by state, but generally, damages recovered may be reduced by the percentage the plaintiff is found to be comparatively at fault.
In some states, if a jury and judge find that the plaintiff is equally at fault as the defendant for the accident, no damages will be awarded to the plaintiff. For a better understanding of comparative negligence law in your state, consult an experienced personal injury law lawyer.
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