The Impact of Comparative Negligence on Lawsuits
In the complex world of personal injury law, the concept of negligence plays a central role. When an individual is harmed due to another's lack of reasonable care, they may seek compensation through a lawsuit. However, the situation becomes more intricate when both parties share some degree of fault. This is where the doctrine of comparative negligence comes into play. Understanding how comparative negligence impacts lawsuits is crucial for both plaintiffs and defendants, as it can significantly affect the outcome of a case.
Comparative negligence is a legal principle used to allocate fault among parties involved in an accident or injury. Instead of a black-and-white determination of who is at fault, comparative negligence recognizes that multiple parties can share responsibility. This approach allows courts to assign a percentage of fault to each party, which in turn affects the damages they can recover. The principle is applied differently across jurisdictions, with two main systems in use: pure comparative negligence and modified comparative negligence.
