Sentences with phrase «fault than the plaintiff»

Not exact matches

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.

If the plaintiff is at fault for less than 50 % of the damages, he will be able to receive a percentage of the payout.

That is to say, the plaintiff must be at fault for less than 50 % or 51 % of damages (depending on the respective state's rules) in order to recover damages.

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.

Per I.C. 34 -51-2-6, a plaintiff will only be barred from the recovery of damages if he or she is more than 50 percent at fault.

§ 5/2-1116, the plaintiff will thus be barred from recovering damages if he is more than 50 % at fault for his injuries.

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.

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 only must the plaintiff prove that the other driver was at fault, but also that it is more likely true than not that the proven negligence caused the injuries and damages claimed by the plaintiff.

What this means is that a plaintiff that files a California personal injury lawsuit against a driver can recover damages even if he or she was more than 50 percent at fault.