What Is Comparative Negligence?

A man in a wheelchair holding crutches. He has a neck brace, a broken leg, and a broken nose

Assigning Fault in an Accident

If you've been injured in an accident that wasn't your fault, you may be wondering what kind of compensation you're entitled to receive. In Oregon, the law uses a doctrine called comparative negligence to determine liability and award damages. Continue reading to learn what comparative negligence means and the role it can play in Oregon personal injury cases.

Comparative Negligence Defined

In Oregon, comparative negligence is a legal doctrine that apportions fault among parties to an accident. Under this doctrine, each party is assigned a percentage of responsibility for the accident. For example, if you are deemed 20% at fault for an accident, you can only recover 80% of your damages from the other parties involved.

This may seem unfair, but it actually serves to encourage people to take precautions to avoid accidents. If you know that you will only be able to recover damages if the other party is found more than 50% at fault, you are likely to be more careful in the future.

The doctrine of comparative negligence can be applied in any type of personal injury case, including car accidents, slip and fall accidents, and medical malpractice. If you have been injured in an accident, it is important to speak with an experienced personal injury attorney to find out if comparative negligence will apply in your case.

The Importance of a Personal Injury Attorney

An experienced attorney can also help you maximize your recovery by investigating the facts of your case and identifying all potential defendants. If you have been injured due to the negligence of another, you may be able to recover damages through a personal injury suit.

The team at Levine Law Center LLC can help you recover damages you deserve if you've been injured because of someone else's negligence. Call our office at (503) 433-8340 to schedule a consultation with an attorney to discuss your case. You can also visit our website to learn more about personal injury law in Oregon or to schedule a consultation.