Comparative negligence is a legal doctrine that assigns a percentage of fault to each party involved in a legal matter. The doctrine applies when multiple parties contribute to causing an injury or loss and may have partial responsibility for the outcome of the injury or loss. The percentage of fault is used to determine the amount of compensation each party owes. In some states, comparative negligence operates on a pure system. In other states, comparative negligence operates on a modified system.
Comparative fault, also known as comparative negligence, is a legal doctrine that assigns fault or responsibility to parties that contribute to causing a loss. The whole concept behind comparative fault is to allocate responsibility in proportion to each party’s varying degree(s) of fault. This may be used to determine the amount of compensation each party may owe.
The primary objective of comparative fault is to provide a reasonable allocation of fault and damages in files where multiple parties are responsible for an injury or loss. In subrogation, comparative negligence may arise when multiple parties have contributed to causing an injury or loss and there is a need to apportion responsibility and liability among them. When subrogation arises in a comparative negligence matter, the carrier may need to consider the extent to which each party is responsible for the injury or loss. This means evaluating the conduct of the insured, targets, potential at-fault parties, etc. The insurer may then use the principles of comparative negligence to determine the amount of compensation that each party must pay. We discuss recovery models and other scenarios here.
Keis George is a subrogation law firm with offices in Cleveland, Columbus, Chicago, and Indianapolis. Keis George has the resources to confront complex claims, provide personalized attention, and offer a competitive fee structure. Clients may expect superior case management, information security, and increased recoveries. If you have any questions about comparative fault aka comparative negligence, contact one of our subrogation attorneys.