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Personal injury cases often involve disputes over fault. Comparative negligence laws determine how damages are awarded when both parties share responsibility for an accident.
In states with pure comparative negligence, plaintiffs can recover damages even if they are 99% at fault, though their award is reduced by their percentage of responsibility. Modified comparative negligence states typically bar recovery if the plaintiff is more than 50% or 51% at fault, depending on jurisdiction.
Courts assign fault percentages based on evidence, witness testimony, police reports, and accident reconstructions. Insurance companies also use these assessments during settlement negotiations, which is why detailed documentation is critical for plaintiffs.
Comparative negligence significantly impacts settlement value. For example, a plaintiff awarded $100,000 but found 30% at fault would only receive $70,000. Insurance companies often argue higher percentages of fault to minimize payouts.
Car accidents, slip and fall incidents, and workplace injuries often involve shared responsibility. Courts examine whether plaintiffs ignored safety warnings, violated traffic laws, or contributed to unsafe conditions.
Personal injury attorneys work to minimize their client’s share of fault through strong evidence presentation. By reducing the assigned percentage of negligence, attorneys maximize settlement value and ensure fair compensation.
