What is comparative negligence?
By: LawInfo
Comparative negligence works on a percentage basis to assign a degree of fault for the injuries suffered. For example, in a broad-side car accident case where the injured person is awarded $100,000, the driver who broadsided the other car migth be found to be eighty-percent responsible for the accident because of, say, turning on a yellow light. The injured plaintiff could also be found to be, say, twenty percent responsible for not exercising caution by failing to look both ways. In such a case, the award would be reduced to $80,000.
Search LawInfo's Personal Injury Resources
Additional Personal Injury FAQs
-
Q:
What is negligence?
A: In its most simple definition, negligence means that someone was careless and as a result of being careless, someone else was injured. Negligence serves as the basis … More -
Q:
What does the term "liable" mean?
A: The term liable generally means that a court has determined individual, company or some other entity caused, and is responsible for, another person's injury. … More -
Q:
What does the term "reasonable person" mean?
A: A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under the same or similar circumstances. The … More -
Q:
What does 'duty' mean in a lawsuit for injuries?
A: When talking about negligence, duty is the legal obligation that the law imposes on us to protect and respect the safety of others around us. That means doing … More -
Q:
What is contributory negligence?
A: The term “contributory negligence” is used to describe the actions of an injured person that may have also caused or contributed to his injury. For … More -
Q:
What is the "assumption of the risk" doctrine?
A: If you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue the other person for negligence if you … More -
Q:
What does strict liability mean?
A: Some persons or companies may be held “strictly liable” for certain activities or products that harm others, even if it can’t be shown they acted … More -
Q:
What happens during a deposition?
A: If you file a personal injury lawsuit, the attorney for the defendant will likely “depose” you or take your deposition. A deposition is the process … More -
Q:
What is premises liability?
A: The term "premises liability" generally refers to accidents that occur due to the negligent maintenance or unsafe or dangerous conditions upon property owned … More -
Q:
What is a personal injury?
A: A personal injury is an injury to the body, but can also include mental and emotional injuries. Personal injuries do not include injuries to property. More
