DocketX / Glossary / comparative negligence
Comparative negligence is a rule that reduces the money you can recover from a lawsuit if you were partly at fault for your own injury.
In a personal injury case, the court or jury will assign a percentage of fault to each party—including you, the plaintiff. Your final compensation is then reduced by that percentage, so if you are found 30% at fault, you only get 70% of the damages. This principle replaces the old rule that any fault by the plaintiff would completely bar recovery.
It matters because even if you contributed to the accident, you may still recover something, as long as your share of fault is below a certain threshold (which varies by jurisdiction). It also forces both sides to argue about everyone's conduct, not just the defendant's, making the case more complex.
Many people think that if they were partly at fault, they cannot sue at all. In fact, comparative negligence allows partial recovery, though the exact rules differ by state and court.
Get the actual rule
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.