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Definition of Comparative Negligence (pure)

Comparative Negligence is the process the court uses in certain states to determine who is responsible for an accident and how the compensation will be distributed for property damage or personal injury loss between each of the parties in the case. For instance, if a plaintiff is found at fault 25% for their injuries they may still receive compensation minus their degree of fault but the defendant would recover 75% of the compensation. States using pure comparative negligence are Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota and the state of Washington.

Under pure comparative negligence systems it is important to hire a personal injury lawyer to argue your case so they prove your culpability for your own injuries is very low and you will be awarded the highest compensation possible. The decision for fault is made after the court hears the evidence for the personal injury case.

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