Understanding Comparative Negligence

Comparative negligence is a complex legal concept that recognizes that more than one person or party can be responsible for an accident. It also acknowledges that the injured person may have done something to cause their own harm. In doing so, it determines all involved parties’ degree of liability through percentages, which determines how much money the injured person or party can receive as compensation.

If you or a loved one were injured by another’s negligence, call The Barnes Firm. Our experienced team of personal injury attorneys will thoroughly investigate your case, defend your legal rights, and help you get the best result possible. Call us today at (800) 800-0000 for a FREE case evaluation.

What is Comparative Negligence?

Comparative negligence is a legal principle used in personal injury cases to determine who is at fault or liable. It recognizes that multiple parties can contribute to an accident and calculates compensation based on how much each party is responsible.

In places that follow comparative negligence rules, plaintiffs’ compensation is reduced according to their assigned percentage of blame. It’s important to note that the rules vary between jurisdictions, with some allowing recovery even if mostly at fault (pure comparative negligence), while others require being less than 50% or 51% at fault (modified comparative negligence). Understanding this concept is vital for personal injury victims to effectively navigate the legal process and protect their rights.

Comparative Negligence in California and New York

In the United States, comparative negligence is widely recognized and applied in most states. Each state may have its own specific variations and rules regarding the application and calculation of comparative negligence, and it is important to check your specific state laws.

In California, the concept of comparative negligence is governed by the doctrine of “pure comparative negligence.” This means that even if a plaintiff is primarily at fault for their own injuries, they may still be entitled to recover damages from other parties who are also at fault.

The court will determine the percentage of fault for each party involved in the accident, including the victim and any other parties who may be responsible, such as another driver a. The court will carefully examine the evidence and arguments presented by both sides to assign a percentage of fault to each party.

Once the percentages of fault are determined, the plaintiff’s recoverable compensation will be reduced by their assigned percentage of fault. For example, if a plaintiff is found to be 20% at fault, their total compensation will be reduced by 20%. However, it’s important to note that even if a plaintiff is found to be 99% at fault, they can still recover 1% of the total damages.

In New York, comparative negligence is recognized under the doctrine of “pure comparative negligence.” This means that a plaintiff can still recover damages even if they are primarily own injuries. However, their recoverable compensation will be reduced by their assigned percentage of fault.

Similar to California, the court in New York will determine the percentage of fault for each party involved in the accident or incident. This includes the plaintiff and any other parties who may be responsible. The court will consider the evidence and arguments presented by both sides to assign a percentage of fault to each party.

Once the percentages of fault are determined, the plaintiff’s recoverable compensation will be reduced by their assigned percentage of fault. For example, if a plaintiff is found to be 30% at fault, their total compensation will be reduced by 30%. However, it’s important to note that even if a plaintiff is found to be 99% at fault, they can still recover 1% of the total damages.

It’s crucial for personal injury victims in both California and New York to understand the concept of comparative negligence and how it can impact their potential compensation. When working with an experienced personal injury attorney at The Barnes Firm, you will get the help you need to navigate   complex legal processes. Call The Barnes Firm today at (800) 800-0000 and find out what your case is worth.

What are Recoverable Damages in Comparative Negligence Cases?

In comparative negligence cases, where multiple parties may share the blame for an accident or injury, it is important to understand the types of damages that may be recoverable. Our experienced attorneys have successfully handled cases and recovered the following damages for clients:

• Lost wages
• Medical expenses
• Pain and suffering
• Property damage
• Lost future wages and earnings
• Ongoing medical treatment such as physical therapy or rehabilitation
• Emotional distress
• And more…

Call The Barnes Firm

At The Barnes Firm, we understand how overwhelming an accident can be and how long recovery can take. We want you to prioritize your health while we handle the legal aspects of your case. If you’ve been injured by another person’s negligence, don’t hesitate to contact The Barnes Firm. Our personal injury attorneys will work hard and fight for you to help you get the best result possible. Call The Barnes Firm today at (800) 800-0000— and ask to speak with an attorney – it could be the best call you make.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes