When a personal injury lawsuit involves negligence, any party can be at fault. In many cases, the injured person is somehow hurt because of their own negligence. This sort of contributory negligence can be used by the defendant as their defense. So you many wonder if there’s any chance that you can win your personal injury lawsuit even if you were negligent. It should be noted that a standard of “pure contributory negligence” is still held by some states. This means that if you were at all responsible for your injury, you might not have any way to recover. However, depending on which state you live in, you may be able to win an injury case under the rule of comparative negligence, even if you were partly negligent. There are three types of comparative negligence: pure comparative negligence, slight-gross comparative negligence, and modified comparative negligence. Under pure comparative negligence, the plaintiff can recover for any amount of their injuries whether or not they are more at fault. Slight-gross comparative negligence allows for the plaintiff’s recovery if they are considered slightly negligent in comparison to the defendant’s gross negligence. Lastly, under modified comparative negligence, only a plaintiff who is less than or no more than equally at fault than the defendant can be awarded for the injuries. Be sure to find out which category your case would fall under before filing a personal injury lawsuit.
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Can You Be Negligent and Still Win an Injury Case? – Injured