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An Overview of Comparative Negligence

Stepping into the legal world? Here's why you need to understand 'Comparative Negligence.' It's a principal in tort law, that modernizes how fault is determined. Gone are the days of one-sided blame, with absolute fault or harsh contributory negligence rules.

Enter Comparative Negligence, the equitable approach to shared responsibility. It acknowledges that both parties can contribute to an incident. Allocating liability in a fair proportionate manner.

Two main types dominate U.S. law: 'Pure' and 'Modified.' In 'Pure,' you can claim damages even if you're 99% at fault! 'Modified' requires the defendant to be at least 50% or 51% at fault.

Why is this important? Mostly because it influences everything from settlement negotiations to courtroom strategies. Legal professionals often use it to tailor defense or plaintiff strategies, making expert guidance crucial.

Get informed, be prepared and ensure a balanced fight in court. Comparative negligence is your key, to unlocking more equitable resolutions in the legal world. ⚖️🔑

For further details on comparative negligence in the state of Oklahoma, Arizona, Pennsylvania, Missouri and more. Be sure to send us a message or visit our website.

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Reference(s)📙:

Emily Lynch Morissette, Aspen Publishing / Wolters Kluwer (2020), Personal Injury and The Law of Torts for Paralegals. (5th ed.), p. 128-134. ISBN 9781543810837

*Note: Through the rulings in higher courts (including federal decisions), the passage of new legislation, ballot initiatives etc. Laws governed by the state are always subject to change. While we work hard to offer the most up to date details as possible. We highly recommend consulting with an attorney or conducting your own legal research, to confirm the law(s) within your state.

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Personal Injury Law in Missouri

Comparative Negligence: In Missouri, personal injury cases are governed by the principle of pure comparative negligence. This allows you to seek damages, even if you bear significant responsibility for your own injury. Your final award will be adjusted, based on your share of the fault. For instance, if you are found to be 80% responsible for an accident that resulted in $100,000 in damages. You're still eligible to receive $20,000, which is 20% of the total amount.

For further details on personal injury law in the state of Missouri. Be sure to send us a message or visit our website.

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Reference(s)📙:

Missouri Revisor of Statutes, Revised Statutes of Missouri, RSMo Section 537.765, retrieved from: https://revisor.mo.gov/main/OneSection.aspx?section=537.765

*Note: Through the rulings in higher courts (including federal decisions), the passage of new legislation, ballot initiatives etc. Laws governed by the state are always subject to change. While we work hard to offer the most up to date details as possible. We highly recommend consulting with an attorney or conducting your own legal research, to confirm the law(s) within your state.

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Personal Injury Law in Pennsylvania

Comparative Negligence: Pennsylvania adheres to a modified comparative negligence system. If you're deemed to be 51% or more responsible for your injuries, you won't be able to recover any damages. However, if you are 50% or less at fault. Your total damages will be diminished by your percentage of responsibility.

For further details on personal injury law in the state of Pennsylvania. Be sure to send us a message or visit our website.

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Reference(s)📙:

Pennsylvania General Assembly, Section 7102 - Title 42 - Judiciary And Judicial Procedure, retrieved from: https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

*Note: Through the rulings in higher courts (including federal decisions), the passage of new legislation, ballot initiatives etc. Laws governed by the state are always subject to change. While we work hard to offer the most up to date details as possible. We highly recommend consulting with an attorney or conducting your own legal research, to confirm the law(s) within your state.

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Personal Injury Law Arizona

Comparative Negligence: Arizona follows a pure comparative negligence rule in personal injury cases. This means that even if you're found to be mostly at fault for your injury, you can still recover damages. However, your compensation would be reduced by an amount equal to your percentage of fault. For example, if a plaintiff is 90% at fault and the total damages are $100,000, they can still recover $10,000 (10% of the damages).

For additional insight on personal injury law in the state of Arizona. Be sure to send us a message or visit our website.

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Reference(s)📙:

1. Arizona State Legislature, 12-2505. Comparative negligence; definition, retrieved from: https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/12/02505.htm

*Note: Through the rulings in higher courts (including federal decisions), the passage of new legislation, ballot initiatives etc. Laws governed by the state are always subject to change. While we work hard to offer the most up to date details as possible. We highly recommend consulting with an attorney or conducting your own legal research, to confirm the law(s) within your state.

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Personal Injury Law in Oklahoma

Comparative Negligence: Oklahoma follows a modified comparative negligence rule. If you are found to be 51% or more at fault for your injuries, you are not eligible to recover any damages. If you are less than 50% at fault, your total damages will be reduced by your percentage of fault.

For more information about personal injury law(s) in the state of Oklahoma. Be sure to send us a message or visit our website.

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Reference(s)📙:

Oklahoma Legislature, Oklahoma Statutes, retrieved from: http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os23.pdf

*Note: Through the rulings in higher courts (including federal decisions), the passage of new legislation, ballot initiatives etc. Laws governed by the state are always subject to change. While we work hard to offer the most up to date details as possible. We highly recommend consulting with an attorney or conducting your own legal research, to confirm the law(s) within your state.