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Pittsburgh personal injury attorneyWhen a person files a lawsuit in the wake of a car accident, slip-and-fall, or other personal injury matter, they hope to recover enough in the way of damages to address the losses they have suffered. These losses generally include expenses related to physical injuries, as well as lost wages, property damage, and more. What many victims do not realize, however, is that their compensation may be reduced, as it is fairly common for an injured party to share in the liability for the accident. The legal doctrine under which a personal injury can be reduced for this reason is called “comparative negligence.”

Contributory Negligence vs. Comparative Negligence

One of the first questions in any personal injury matter is “Who was at fault for the accident?” Under the principles of common law, historically, if the injured party played any part in causing the accident, he or she was barred from seeking compensation from anyone else. The thought process was that a person has the duty to reasonably protect themselves from injury, so failing in that duty was seen as grounds to bar recovery.

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