Comparative Negligence

Certain states use the process of comparative negligence to determine how compensation will be paid to the victims after a personal injury claim. In a pure comparative negligence state the court will determine fault and pay each claimant to the degree of their fault. For instance, if a claimant is 35% at-fault they can receive compensation for their loss, but the other claimant will recover 65% and they will recover 35%.

Pure comparative negligence has replaced other types of compensation award systems such as contributory negligence. Currently the states using pure comparative negligence are Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota and the state of Washington.

If you are filing an injury claim in a pure comparative negligence systems hiring a personal injury lawyer can help insure you will receive the least amount of blame for the accident and the highest compensation rate. Compensation is awarded after the court has heard all of the evidence for the personal injury claim.