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What is “comparative negligence” and how can it affect my case?

comparative negligence

Comparative negligence refers to the plaintiff's share in the fault. There's not always one person who is solely responsible, and sometimes someone who's injured bears some percentage of the fault. That doesn't mean he/she can't recover.

Comparative negligence means that if you were also careless or negligent in causing your own accident, your right to be compensated is reduced by the percentage of your carelessness. This allows the plaintiff to recover only the percentage of damages attributable solely to the defendant. Thus, if someone is 100% at fault for the accident that caused your injuries, that person has to cover 100% of the damages.

For quality legal representation, please contact our personal injury attorneys at the Elk Grove-based O'Brien & Zehnder Law Firm by calling 1-800-722-4176 or send us an email and someone from our office will be in touch with you shortly.

DISCLAIMER:  This article is not a substitute for legal advice and in no way constitutes legal advice or gives rise to an attorney-client relationship. Adequate counsel is fact-dependent and requires independent analysis and inquiry specific to your situation and circumstances. This article is simply meant as a guide to explain in general and brief terms certain issues and serves to provide general information. Contact O'Brien & Zehnder Law Firm at 916-714-8200 if you require legal help or wish to seek legal advice for your specific legal issue(s).