Comparative negligence laws vary by state. Most states follow either a pure comparative negligence or modified comparative negligence rule:

  • Pure comparative negligence (e.g., California, New York): You can still be eligible to recover compensation even if you were mostly at fault (up to 99%), but your potential payout would be reduced by your percentage of fault.
  • Modified comparative negligence (e.g., Texas, Florida): You can be eligible to recover compensation only if you were less than 50% or 51% at fault, depending on the state.
  • Contributory negligence (e.g., Alabama, Maryland): In a few states, if you’re found even 1% at fault, you may be barred from receiving compensation altogether.

Because of these differences, having an attorney who understands the negligence laws in your state can help minimize the percentage of fault assigned to you. At Flynn Greathouse, we work to present clear evidence, negotiate with insurers, and protect your claim under your state’s specific legal standards.

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