Liability in personal injury cases is often unclear and ambiguous. This is because a defendant may not be entirely responsible for the accident. It is not uncommon for plaintiffs to be partially at-fault too. Fortunately, victims may still be eligible to recover compensation for their damages even if they were partly to blame. When applying the legal doctrine of comparative negligence, also known as comparative fault, a plaintiff that contributed to their accident would still be awarded compensation for their damages. However, the total amount would be reduced based on their share of fault. Whether you have been hurt in a car crash, construction accident, slip and fall, or any other mishap, comparative negligence can significantly impact the compensation you obtain.
Common Comparative Fault Claims
When a defendant can successfully demonstrate that the plaintiff shared some responsibility for an accident, they will not have to pay the full jury award. Consequently, comparative negligence is one of the most prevalent affirmative defenses raised in personal injury litigation. Some situations where plaintiffs might be considered comparatively negligent include: