What is the significance of comparative negligence in a brain injury lawsuit?

Comparative negligence in a brain injury lawsuit is an important concept because it helps to determine damages in cases where someone may have contributed to their own injuries. This is done through a system of assigning a “percentage of fault,” and can involve both parties or multiple parties. In Arkansas, comparative negligence is a modified comparative fault state. This means that a plaintiff can recover any damages, as long as they are not more than 50% at fault, and the amount of recovery will be reduced by their percentage of fault. For example, if a plaintiff is found to be 25% at fault, then the damages awarded will be reduced by 25%. This is important because it can affect the amount of compensation the plaintiff will receive, even though they were injured as a result of someone else’s negligence. It is also important to remember that a plaintiff will not be able to recover any damages if they are found to be more than 50% at fault. Therefore, comparative negligence in an Arkansas brain injury lawsuit is an important concept that must be taken into consideration when seeking compensation for a brain injury.

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What is the significance of comparative negligence in a brain injury lawsuit?

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