A modification of the principle of contributory negligence. In those jurisdictions that follow the principle of comparative negligence, negligence on the part of the injured party will not necessarily defeat the claim, but will be considered in determining the amount of damages.
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A variation of contributory negligence, in which the comparative degree of negligence for each party to an accident is taken into account when awarding damages.
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In some states, when a plaintiff sues for alleged damages, the plaintiff’s degree of negligence in the incident is considered in awarding damages. If the plaintiff’s degree of negligence is greater than the defendant’s the plaintiff does not collect anything.This can be illustrated as follows. Josh runs a stop sign and has a wreck with Marilyn. Marilyn sues Josh for damages to her vehicle and her medical bills. During the investigation of the accident it is found that Marilyn was speeding, which added to the severity of her damages. She is found 20% at fault for the accident and Josh is found to be 80% at fault. In this case, Marilyn would receive only 80% of her requested damages. (See Contributory Negligence).
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US: Under this concept a plaintiff (the person bringing suit) may recover damages even though guilty of some negligence. His or her recovery, however, is reduced by the amount or percent of that negligence.
Tag: RAW
Comparative negligence (Legal Terminology)
A concept within tort law that applies in some states. The concept states that the negligence of both people involved in an accident is proportional to their contribution to the accident.
Comparative Negligence for Negligence (Degrees and Defenses available to the Defendant)
Doctrine in the law of negligence whereby the negligence of the parties are compared, commonly on a percentage basis. Recovery is therefore permitted, even though contributory negligence is attributed to the plaintiff.
comparative performance report (CPR)
Document that gives the annual comparison of a physician’s services and procedures to those of another doctor in the same specialty and geographical location.
Compendium
Collected information that includes standards of strength, purity, and quality of drugs. Official compendia in the United States are the United States Pharmacopoeia, the National Formulary, the Homeopathic Pharmacopoeia of the United States, and their supplements.
Compensable injury
Any trauma suffered by an employee that arises out of employment (AOE) and occurs in the course of employment (COE). This includes any aggravation or acceleration, because of employment, of a preexisting physical or mental condition or pathology.
Compensating balances plan
A plan wherein premiums are paid by a business to the insurance company. The insurance company then deposits the premium, minus some costs, into a bank account in the insured’s name. The insured business can make withdrawals from these funds.
Compensation
Wages, salaries, awards, fees, commissions, financial returns of any kind.
Compensation (comp)
1. Monetary payment for work performed or services rendered. 2. Used variously to refer to the workers’ compensation law, compensation benefits generally, or compensation payments.
Compensatories
See: compensatory damages.