What Is Contributory Or Comparative Negligence?
Delaware has adopted the modified doctrine of comparative negligence. Under this doctrine, if a claimant's negligence exceeds the combined negligence of all defendants, the claimant is barred from recovery. Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence. Joint tortfeasors a right to contribution. If the tortfeasors' relative degrees of fault are disproportionate, making equal shares in contribution inequitable, the relative degree of fault of each tortfeasor will be considered in determining his pro rata share; otherwise, the tortfeasors' liability for contribution is apportioned equally without regard to their relative degree of fault. A settling joint tortfeasor is not entitled to contribution from a tortfeasor whose liability was not extinguished by the settlement.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Medical Malpractice Articles
- How Do I Know If My Injury Constitutes Medical Malpractice?
- Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
- Who Can Be Held Accountable For The Medical Malpractice?
- How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
- What Damages Can Be Recovered For Medical Malpractice?
- What Happens If I Am Injured In The Course Of Medical Treatment?
- Anesthesia Negligence
- Asthma/Respiratory Illnesses
- Birth Defects Or Injuries
- Nuclear Medicine (Cat Scans And Mri's)
- Nursing Home Injuries And Negligence
- Obtaining Informed Consent
- Pharmacist Malpractice
- Psychiatric Or Psychological Malpractice
- Is Arbitration Mandatory?
- What Are Typical Attorneys' Fees?
- Are There Damage Caps In Delaware?
- Does Delaware Mandate The Collateral Source Rule?