What Is Fault Apportionment?
Fault apportionment is the process of assigning responsibility for an accident or injury among multiple parties. In personal injury cases, the amount of compensation a plaintiff can recover may depend on the percentage of fault attributed to each party.
Systems of Fault Apportionment
- Pure Comparative Negligence: Plaintiffs can recover damages even if they are mostly at fault, with compensation reduced by their percentage of responsibility.
- Modified Comparative Negligence: Plaintiffs can recover damages only if their fault is below a certain threshold (e.g., 50%).
- Contributory Negligence: Plaintiffs cannot recover damages if they share any fault for the accident.
Importance of Fault Apportionment
- Equitable Outcomes: Ensures compensation is proportional to each party’s degree of responsibility.
- Complex Cases: Often applied in multi-defendant cases or accidents involving shared negligence.
- Legal Strategy: Attorneys use evidence to minimize their client’s percentage of fault and maximize recovery.
Fault apportionment ensures fairness in personal injury claims by considering the contributions of all parties to the incident.
