.jpg)
If you have been injured in an accident that was caused by someone else's negligence, you may be able to recover damages through a personal injury lawsuit. However, comparative negligence laws can affect how much you receive depending on your own negligence. Understanding the difference between modified and pure comparative negligence is key.
What is Comparative Negligence?
Comparative negligence involves determining the fault percentages between multiple parties involved in an accident. For example, if you and another driver were both negligent and caused a car accident, a jury would assign a percentage of fault to each party. Your compensation would then be reduced by your percentage of fault.
Modified Comparative Negligence
Under modified comparative negligence, you can only recover damages if your percentage of fault is 50% or less. So if you were found 40% at fault for causing the accident and the other driver 60%, you could still pursue compensation, but your award would be reduced by your 40% share of the fault. However, if you are found to be 51% or more at fault, you are completely barred from recovery under modified comparative negligence. Even if the other party was grossly negligent, you cannot receive any compensation if you were equally or more negligent.
Pure Comparative Negligence
Pure comparative negligence allows an injured victim to recover damages regardless of their fault percentage. So even if you were 90% responsible for causing the accident, you could still receive compensation reduced by your high percentage of fault. The only time you would be completely barred from recovery under pure comparative negligence is if you were found to be 100% at fault. Otherwise, the damages are reduced based on your allocation of fault up to 99% responsibility.
Next Steps if You Have Been Injured
Comparative negligence laws can significantly impact your right to recover damages and how much compensation you ultimately receive. To ensure the best possible outcome for your personal injury claim, turn to a knowledgeable attorney who understands these comparative negligence intricacies inside and out.
If you have suffered injuries and losses in an accident caused wholly or partially by someone else's negligence, contact the experienced attorneys at Kelleher Law today at 833-546-3675 to schedule a consultation. With offices in Naples, FL, Fort Myers, FL, and Roswell, GA, we serve clients throughout Florida and Georgia. Let us review the details of your case for free and discuss your options.
