Comparative Fault System. Comparative And Contributory Negligence for Personal Injury Lawsuits

neglThe concept of “negligence” is defined asconduct that falls below the standards of behavior” established by law for the protection of others against unreasonable risk of harm. Comparative fault system includes three basic rules:

  • Pure Contributory Negligence Rule
  • Pure Comparative Fault Rule
  • Modified Comparative Fault Rule

indexThe term of Pure Contributory Negligence defines at what degree the plaintiff is negligent for their own injury. If the plaintiff is found even 1% at fault, no damages can be recovered (i.e. being hit by the car while crossing the road in the wrong place). Only 5 states recognize the Pure Contributory Negligence Rule: Alabama, District of Columbia, Maryland, North Carolina and Virginia.

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Behind The Scenes Of A Personal Injury Case. Personal Injury Terminology

Personal injury is a legal term meaning bodily injury or emotional distress which is caused by a type of tort or by the negligence of another. Negligence is defined as conduct that falls below the standards if behavior established by law for the protection of others against unreasonable risk of harm.

4Torts are determined as civil wrongs that cause a person to suffer harm or loss. Generally torts fall into three categories:

  1. Intentional torts can result from intentional acts such as battery, assault, intentional infliction of emotional stress and others.
  2. Negligent torts also called “prudent man rule” result from failure to behave with the level of care to someone whom he or she owes a duty to (i.e. failing to obey traffic rules)
  3. Strict Liability torts are caused by virtue of a wrongful act, without any accompanying intent or mental state.

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