Sentences with phrase «fault than a defendant»

Iowa law allows you to file a personal injury lawsuit after a truck accident case as long as you were not more at fault than the defendant for causing the crash.

However, a Maine plaintiff who is found to be equally or more at fault than a defendant — 50 % or more at fault — may not recover at all.

Not exact matches

Ontario's Negligence Act4 (the «Act») makes clear that in the event that more than one tortfeasor causes or contributes and an indivisible injury, the injured party may recover the entirety of their damages from any individual defendant, notwithstanding their respective degree of fault.

However, in this case the defense team was betting on the 50 % rule, which works like this: if the defense team could convince the jury that the plaintiff (my client, the injured motorcyclist) is more than 50 % at fault for the crash, the defendant (the negligent minivan driver) would not have to pay for non-economic damages, which include pain and suffering, loss of enjoyment of life, scarring and disfigurement, and other long - term problems as a result of the crash.

What if there is more than one defendant, or you are partly at fault for the accident?

The defendant argued that she was not at fault in the accident because the plaintiff was driving faster than the speed limit when the accident happened.

Under California's pure comparative fault doctrine, the plaintiff may only recover damages that are attributable to the defendant's negligence, rather than their own.

Defendant's liability, who is less than 51 % at fault, is limited to the percentage of negligence attributable to that person.

Bars application of the rule joint and several liability in the recovery of all damages from defendants found to be less than 50 % at fault unless the defendant committed an intentional tort.

When more than one defendant is at fault, each is liable to the degree they caused harm.

Provides that defendants found to be 15 % or less at fault shall pay no more than four times their share of damages.

The evidential burden of showing that the crime and Gray's subsequent incarceration amounted to a break in the chain of causation was on the defendant and where the manslaughter either did not break the chain of causation or where any contributory fault on the part of the claimant was less than 100 %, the claim would not be so inextricably bound up with the criminal conduct so as to be prohibited by public policy.