How does comparative negligence affect damages recoverable from a defendant?

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Comparative negligence is a legal doctrine used to determine the degree of fault of each party involved in an incident that leads to damages. When a claimant is found to be partially at fault for their own injuries or damages, comparative negligence comes into play by reducing the amount they can recover from the other party based on their own percentage of fault.

In this context, if a claimant is assessed to be 20% responsible for an accident, and the total damages amount to $100,000, comparative negligence would allow the claimant to recover only 80% of the damages, which amounts to $80,000. Thus, the recovery amount is directly impacted by the percentage of fault assigned to the claimant. This legal principle emphasizes fairness by acknowledging that both parties may share responsibility, ultimately leading to a proportional reduction in recoverable damages.

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