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

Comparative negligence is an important factor to consider when filing a brain injury lawsuit in Washington. It affects how much the defendant, or negligent party, is liable for in damages. Comparative negligence is a legal doctrine that assigns responsibility to the parties involved in a lawsuit. In Washington, the law holds that if the plaintiff contributed to the accident that caused their brain injury, their damages may be reduced according to the degree to which they are held responsible for the incident. For example, if an individual is walking and texting on their phone and does not see an approaching vehicle, the court may find that the individual was partly responsible for the accident and did not take reasonable steps to avoid it. In this case, the court would use comparative negligence to determine the percentage of responsibility the plaintiff holds, and consequently the amount of damages to be received. Comparative negligence is an important factor to consider when filing a brain injury lawsuit in Washington as it determines the amount of money damages to which the plaintiff is entitled. It also plays an important role in establishing whether or not a defendant can be held liable for the full amount of damages. Depending on the degree of the plaintiff’s negligence, the court may reduce the amount of damages the defendant must pay.

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