Comparative Negligence — Pure comparative fault
Comparative negligence is a rule that lowers your accident payment by the percentage you were at fault.
Official source: americanbar.org
Comparative negligence is a legal rule. It looks at how much each person in an accident was at fault. If you were partly to blame for an accident, the money you get for your injuries might be less. The amount it is lowered depends on how much of the accident was your fault. This rule makes sure that everyone takes some responsibility for their actions. It is used in many personal injury cases, like car accidents. It helps decide how much money an injured person can get. Different states have different rules about comparative negligence. In some states, if you are more than half at fault, you might not get any money at all. You could also get less money even if you were only a little bit at fault. This is why it's important to understand this rule. It can change how much money you receive after an accident. If you are ever in an accident, learn about the specific comparative negligence laws in your state. You can look up your state's rules online or talk to a legal expert. See also: <a href="/glossary/statute-of-limitations">Statute of Limitations</a>.
In real life
- A driver found 20% at fault collected 80% of their accident damages.
- Sarah was hit by a car, but because she was jaywalking, a jury decided she was 10% responsible. She still got money for her medical bills, just 10% less.
- Mike slipped on a wet floor in a store, but he was also looking at his phone. The court said he was 30% at fault, so he received 70% of the money for his injury.
Also known as
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Frequently asked questions about Comparative Negligence
What is Comparative Negligence?+
Comparative negligence is a rule that lowers your accident payment by the percentage you were at fault. Some states bar recovery if you were more than 50% at fault.
Who qualifies for Comparative Negligence?+
Anyone injured by another person's or company's negligence who can show damages — medical bills, lost wages, or lasting harm.
How do I apply for Comparative Negligence?+
You don't "apply" — instead, request a free consultation with a personal injury or mass tort attorney. They work on contingency and only get paid if you win. Official forms and instructions: https://www.americanbar.org/.
Where can I get help?+
Most personal injury attorneys offer free consultations and only get paid if you win. Your state bar association can refer you to a local lawyer.
Source: americanbar.org