The negligence of each party involved is compared, and the insured's recovery is reduced
by their percentage negligence.
Not exact matches
For instance, the
percentage of the motorist's comparable
negligence will be subtracted from the total economic damages found
by the jury.
Most states follow the theory of «comparative
negligence,» which means that if the injured party is determined to have been responsible for a certain
percentage of the harm, that party's recovery (the monetary «damages» awarded or reached
by settlement) will be reduced
by that same
percentage.
Under Washington's comparative
negligence law, your compensation is reduced
by the same
percentage of fault you bear for your accident.
Instead, there is comparative
negligence where your award is reduced
by your own
percentage of fault.
Kentucky is considered a comparative
negligence state, which means that while a victim may have his or her recovery of monetary damages reduced
by the
percentage of fault he or she bears in causing the accident, the victim's claim will not be barred completely just because he or she had a hand in causing the accident.
In other states with comparative
negligence policies, the damages awarded will be diminished
by the
percentage to which you are determined responsible.
Remember, that the plaintiff's contributory
negligence can diminish the amount of the final compensatory award
by the
percentage of fault the defendant is assessed.
If he sues another driver for
negligence, the defendant may ask the jury to use the doctrine of comparative
negligence to reduce any settlement
by the
percentage of fault attributable to the motorcyclist.
Under comparative
negligence, the
percentage of fault you are found responsible for will directly reduce your awarded settlement amount
by that
percentage.
California is considered a pure comparative
negligence state, meaning you can recover compensation from any at - fault party, however your compensation will be reduced
by your
percentage of fault.
However, any
negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog
by the
percentage that the bitten person's
negligence contributed to the biting incident.
Still, per 14 M.R.S.A. 156, damages may be reduced
by the
percentage of plaintiff's determined
negligence.
Under the comparative
negligence rule in Maine, a plaintiff's recovery may be reduced
by the
percentage to which he or she was at fault.
Under the principal called comparative
negligence, if you do bear some of the fault, the amount of compensation you can receive is reduced
by your
percentage of fault.
If a judge or jury concludes that an injured person's (or decedent's)
negligence accounted for a
percentage of the total fault in an accident, it may reduce the damage award
by that
percentage.
In both Idaho and Washington, the law known as comparative
negligence reduces compensation
by the victim's
percentage of the blame.
The
percentage of comparative
negligence is decided
by a jury after reviewing all the facts in the case.
If you are found partly to blame, Texas follows a «modified comparative
negligence rule» that will likely reduce the amount of compensation you get
by an amount that is equal to the
percentage of your fault in the accident (for example, you were rear ended, but one of your brake lights was not working).
By reviewing the accident report, pictures, and your notes, we can determine the role that each driver played in the crash and what
percentage of
negligence to assign to each driver.
A plaintiff's recovery may be reduced
by his or her
percentage of fault, if any, under the doctrine of comparative
negligence.