Sentences with phrase «by their percentage negligence»

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.
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