What does Comparative Negligence refer to in claims?

Comparative Negligence is a legal doctrine that plays a vital role in personal injury claims by allowing for the calculation of damages based on the degree of fault of each party involved in an incident. In situations where both the claimant and the defendant share some level of responsibility for an accident, this doctrine reduces the compensation awarded to the claimant by their percentage of fault.

For example, if a claimant is found to be 30% at fault for a collision and the total damages amount to $100,000, under a comparative negligence system, the claimant would only recover $70,000. This system promotes fairness by ensuring that individuals are held accountable for their actions while still allowing for recovery when they are not wholly at fault.

This approach contrasts sharply with other models where fault may be allocated entirely to one party, which can result in unjust outcomes for plaintiffs who may bear some responsibility but are still entitled to a level of compensation.