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.
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