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How Do Comparative Negligence Rules Affect Recovery?

So the question of whether or not you’re in a motor vehicle accident, let’s say, as an example, and you’re partly at fault, the other driver is partly at fault. So we look at pure versus comparative negligence. And so obviously we’re talking about state law as opposed to federal law, which would be the same for the whole country. So when we look at state law, we look at each state. So you have Rhode Island is different and you have Connecticut, Mass, and New Hampshire are all the same. So in Rhode Island, you have pure, which means you can be 99% at fault and still get 1% of the value of your case. Whereas in Mass, Connecticut, and New Hampshire, if you are 51% or more at fault, you really end up with zero. You can’t break that 50% threshold, comparative negligence, and recover.

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