Being injured because of someone else’s actions can be overwhelming, both physically and financially. On top of medical bills, lost wages, and emotional stress, it can be confusing to understand whether you are entitled to a settlement and how much compensation you can actually recover. Each state has its own personal injury laws so it’s important to have a personal injury lawyer who knows them inside and out to help you fight for maximum compensation.
If you or a loved one was injured because of the actions of another, you do not have to navigate the recovery process and financial challenges alone. Schedule a free consultation with an experienced, local personal injury attorney to discuss your case and legal rights.
What is Comparative Negligence Law?
A negligence-based claim – more commonly called a personal injury claim – is a legal claim that is filed when someone is injured (plaintiff) because another party (defendant) acted negligently/failed to use reasonable care. Comparative negligence is a legal rule based on tort principle that reduces the injured party’s compensation by how much they were responsible for causing the accident. This is relevant because an injured party may only collect the percentage of the settlement or jury award that reflects the other party’s share of fault.
It is very common for fault to be shared in an accident. For example, in a car crash, one driver may be speeding while the other fails to yield, and both actions contribute to the collision. In this scenario, the speeding driver may be found 60 percent at fault, while the driver who failed to yield may be found 40 percent at fault. If the speeding driver files a car accident claim, they would be entitled to 40 percent of the settlement.
Types of Comparative Negligence
There are two types of comparative negligence in the United States, plus contributory negligence, which affect the way damages are awarded from state to state.
Pure Comparative Negligence (also called the Pure Comparative Fault Rule and the Pure Comparative Negligence Theory): States that follow the pure comparative negligence rule allow fault to be shared in a personal injury case, where the amount of damages that the plaintiff is allowed to collect is only limited based on assigned fault as determined by the court. Put another way, damages are awarded based on contributory fault law, which says that you may only be awarded damages proportional to the percentage of fault contributed by the defendant and nothing for the amount of fault that you contributed.
States that follow the pure comparative negligence rule allow the plaintiff to claim damages for the one percent they are not at fault even when they are 99 percent at fault. In other words, the recovery is reduced by the injured party’s degree of fault but they may still recover. For example, if damages are calculated at $1 million, but the plaintiff is 30 percent responsible for the accident, they may still recover $700,000.
Almost one-third of states follow this rule, including Washington, California, Florida, and New York.
Modified Comparative Negligence (also called the Modified Comparative Fault Rule and Partial Comparative Negligence):
There are two types of modified comparative negligence.
- The 50 percent bar rule. Under the 50 percent bar rule, the plaintiff may not recover damages if they are found to be 50 percent or more at fault. If they qualify, the settlement is reduced by their percentage of fault.
- The 51 percent bar rule. Under the 51 percent bar rule, the plaintiff may not recover damages if they are assigned 51 percent or more of the fault. If they qualify, the settlement is reduced by their percentage of fault.
The modified comparative negligence principle is followed by the majority of states.
Contributory Negligence
Under the contributory negligence rule, the plaintiff cannot recover any damages if they contributed in any way to the incident. This means that if the plaintiff was found even one percent at fault for the accident, they would not be able to recover any damages.
Only four states and the District of Columbia recognize the contributory negligence rule: Alabama, Maryland, North Carolina, and Virginia.
Theory of Joint and Several Liability
Washington also follows joint and several liability. This means each defendant is usually responsible only for their share of the damages, but if the injured person is not at fault at all, any defendant can be held responsible for the full amount owed by all at-fault parties.
This doctrine exists in most states in some form, but the specific way it works varies widely by state.
Seek the Help of a Personal Injury Lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
