Unpacking Negligence Laws: How Fault Affects Compensation

Negligence defines a situation in which a person fails to uphold their duty of reasonable care. In other words, they failed to act with reasonable caution, and it caused harm to someone else. In many personal injury cases, the defendant, or person being sued, is accused of negligence. However, more than one person can act negligently in a single situation, and this can include the victim. 

This is an important consideration for accident victims pursuing legal recovery. Throughout the United States, if you are assigned a certain amount of negligence, your compensation can be reduced or even withheld entirely. But just what is this threshold? It depends on your state’s negligence law, one of the most important factors in calculating personal injury damages. 

What Are the Different Types of Negligence Laws?

There are three common types of negligence laws in the United States, plus one that is unique to the state of South Dakota. Let’s break down all four types below: 

Contributory Negligence

Contributory negligence can be considered the strictest negligence system. Under this system, if you are found to be even 1% at fault, you cannot recover any financial compensation. Even if the other party holds the other 99% of the fault, any negligence that can be attributed to you could bar you from recovery. 

Four different U.S. states follow a contributory negligence system: 

• Alabama 

• Maryland 

• North Carolina 

• Virginia 

If you’re pursuing personal injury compensation in any of these states, it is of the utmost importance to build a thorough and extensive claim, backed by evidence which proves the other party’s negligence. 

Pure Comparative Negligence

Under a comparative negligence system, compensation can be reduced based on your percentage of fault. However, in pure comparative negligence states, no matter what percentage of the fault you hold, you can still recover compensation. 

For example, if your damages were calculated at $200,000, but were held to be 60% at fault, your total compensation amount would be reduced by 60%, leaving you with 40%, or $80,000. 

There are eleven U.S. states which follow a pure comparative negligence system: 

• Alaska 

• Arizona 

• California 

• Kentucky 

• Louisiana 

• Mississippi 

• Missouri 

• New Mexico 

• New York 

• Rhode Island 

• Washington 

When pursuing compensation in one of these states, as long as you can prove the other party negligent, then you will not be barred from recovery. However, your compensation amount can still be reduced, so you should still aim to build a solid case and avoid letting the other party pin undue negligence onto you. 

Modified Comparative Negligence

In a modified comparative negligence system, not only is compensation reduced based on percentage of fault, but there is also a threshold past which you cannot receive any compensation. In some states, this threshold is 50% fault, while in others, it’s 51%, but in any case, it is crucial to prove that the other party bears the majority of the fault. 

This is the most common type of negligence law in the U.S., maintained by 34 states:  

• Alaska 

• Colorado 

• Connecticut 

• Delaware 

• Florida 

• Georgia 

• Hawaii 

• Idaho 

• Illinois 

• Indiana 

• Iowa 

• Kansas 

• Maine 

• Massachusetts 

• Michigan 

• Minnesota 

• Montana 

• Nebraska 

• Nevada 

• New Hampshire 

• New Jersey 

• North Dakota 

• Ohio 

• Oklahoma 

• Oregon 

• Pennsylvania 

• South Carolina 

• Tennessee 

• Texas 

• Utah 

• Vermont 

• West Virginia 

• Wisconsin 

• Wyoming 

This system is also maintained in the District of Columbia. As in pure comparative negligence states, it is important not to let your negligence be exaggerated, but in this case, it’s even more critical to avoid being assigned over half of the fault. If you cross this threshold, you won’t be able to recover compensation. 

Slight / Gross Comparative Negligence

Slight / gross comparative negligence is arguably the most subjective negligence system in the United States. This type of negligence law is unique to South Dakota. In this system, you can still recover compensation if you bear some amount of fault, but only under very specific circumstances. If you are found partially negligent, then your negligence must be considered “slight”. Additionally, the other party’s negligence must be considered “gross”. 

In other words, if you are partially negligent, your negligence must be considered relatively minor, while the other party’s negligence must be considered fairly serious. At this point, your compensation may still be reduced based on your amount of fault.  

There is no specific standard in place to determine this, which can make your recovery feel harder to ensure. This emphasizes the importance of an experienced personal injury lawyer in your area, who will know how to navigate the unique challenges of your state’s legal system. Partnering with an expert allows you to proceed with confidence. 

Conclusion

Understanding the negligence laws in your state is of critical importance when dealing with a personal injury case. Even so, there is only so much one person can do, especially without extensive legal experience to support them.  

Without an attorney by your side, the at-fault party’s insurance may be able to use various strategies to minimize their negligence amount or inflate your own. This is why it is so critical to partner with a personal injury lawyer, regardless of your state’s negligence system. 

Across the United States, dealing with personal injury cases, simple or complex, can present a host of challenges for victims pursuing compensation. But you don’t have to face these challenges alone. Consult an attorney today to gain a reliable ally in your pursuit of maximum compensation. 

 Author Bio 

Senft Injury Advocates is a firm driven by dedicated personal injury lawyers. In addition to recovering compensation for clients, SIA strives to promote legal awareness by sharing educational resources for accident victims in the United States. Follow Senft Injury Advocates on LinkedIn, Facebook, or Instagram for updates on our latest content.