Pure Comparative Fault Versus Modified Comparative Fault
In the U.S., if you are injured in an accident because of another party’s negligence, you can file a personal injury claim against the negligent party and recover compensation. However, if you are partially to blame for your accident, whether you can sue the other party and recover compensation depends on your state’s “shared fault” rules. In states that recognize the “comparative fault” system, you can file a claim against another party and recover compensation for your injuries and damages even if you are partially to blame for your accident. Fortunately, most states in the U.S. recognize the comparative fault system. Only a few states still follow the “contributory negligence” system, which bars financial recovery if a plaintiff is even slightly to blame for their accident.
While most states in America follow the comparative fault system, not all of these states recognize the same type of system. Some states follow the “pure comparative fault” idea, and others the “modified comparative fault” idea. The majority of states follow the modified comparative fault system. It is crucial that you understand the difference between these two fault systems. Below is a look at the difference between pure comparative and modified comparative fault.
Difference Between Pure Comparative Fault and Modified Comparative Fault
Under both systems, a plaintiff can recover compensation in a personal injury claim even if they are partially to blame for their accident. Under both systems, the damages a plaintiff recovers in a personal injury claim are reduced by their percentage of fault. So, what is the difference between the two systems? The difference between the pure comparative fault system and the modified comparative fault system is in how much fault a plaintiff in a personal injury claim is allowed to have and still recover compensation.
In a pure comparative state, like Florida, a plaintiff in a personal injury claim can recover compensation from another negligent party even if they are 99 percent to blame for their accident. Under this rule, if you are 99 percent to blame for your accident, you can claim damages for the one percent you are not at fault. Apart from Florida, other states that recognize the pure comparative fault system include;
- New York
- California
- Kentucky
- Arizona
- Missouri
- Washington
- Alaska
- Louisiana
On the other hand, in a modified comparative state, a plaintiff in a personal injury claim is ineligible to recover compensation from another negligent party if their fault hits a certain level. In some states, you cannot recover compensation in a personal injury claim if you are 50 percent or more at fault. In others, you cannot recover compensation if you are 51 percent or more at fault. Some of the states that follow the 50 percent bar rule include;
- Colorado
- Idaho
- Georgia
- Maine
- Arkansas
- Utah
- Nebraska
- South Carolina
States that follow the 51 percent bar rule include;
- Hawaii
- Indiana
- Illinois
- Iowa
- Oregon
- Texas
- Montana
- Michigan
- Wisconsin
Get Help With a Florida Personal Injury Case
If you suffered injuries in a Florida accident because of another party’s negligence, our West Palm Beach personal injury attorneys at The Pendas Law Firm are here for you. We can help you recover compensation from the other negligent party even if you are partially to blame for your accident. Contact us today to schedule a consultation and discuss your case.
The Pendas Law Firm also represents clients in the Miami, Orlando, Ocala, Tampa, Jacksonville, Bradenton, Daytona Beach, Fort Myers, and Fort Lauderdale areas.
Source:
law.cornell.edu/wex/contributory_negligence