What is comparative negligence and how does it affect my case?

Comparative negligence is a legal doctrine that applies to personal injury cases in Alaska. Comparative negligence allows for the consideration of each party’s contribution to an accident or injury in a civil lawsuit. In other words, when a court applies the comparative negligence doctrine, it will determine the percentage of fault for each party in a lawsuit. For example, if a motorcyclist collides with a car, each party might argue over who is at fault. The court may use the comparative negligence doctrine to allocate fault between the two parties. The court will then determine how much each party can receive in damages based on the percentage of fault assigned to each party for causing the accident. In Alaska, the court follows the "modified comparative negligence" rule when assigning fault. Under this rule, if the injured party is found to be 50% or more at fault for their injury, they are not eligible for damages. If the injured party is found to be less than 50% at fault, then the injured party may still receive damages, though their amount of damages will be reduced according to the degree of their fault. In summary, comparative negligence affects personal injury cases in Alaska by allocating an appropriate amount of fault to each party and determining the amount of damages each party can receive, depending on the degree of fault assigned.

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