Education
Comparative vs Contributory Negligence: How Fault Affects Recovery
• 2 min read
Each state's fault rule shapes case value and funding decisions. Here's the breakdown.
Pure comparative negligence (CA, NY, FL, AZ, WA, others): you can recover even if 99% at fault, but recovery is reduced by your share.
Modified comparative negligence with 50% bar (CO, GA, others): you recover only if less than 50% at fault. Recovery reduced by your share.
Modified comparative negligence with 51% bar (TX, IL, OH, MI, others): you recover only if 50% or less at fault. Recovery reduced by your share.
Pure contributory negligence (AL, MD, NC, VA, DC): any fault on your part can completely bar recovery. The strictest rule and the hardest cases to fund.
AARC's funding decisions account for the applicable fault rule and likely fault allocation in your case.
Call (800) 297-3834 or apply online for a decision tailored to your state's rules.
Frequently asked questions
- Will taking an advance reduce my settlement?
- The advance plus its flat fee is repaid out of the settlement, so your net proceeds are reduced by that amount. It does not affect the gross value your attorney negotiates.
- Is a pre-settlement cash advance a loan?
- No. It is non-recourse funding tied to your personal injury claim. There are no monthly payments, and if your case does not recover, you owe nothing.
- Do I need good credit or a job to qualify?
- No. AARC does not run a credit check and does not require employment or income verification. Approval is based on the strength of your claim and your attorney's representation.
- How fast can I get funded?
- Most approved applicants receive funds in as little as 24 hours once AARC has the case documents from your attorney.
- How much does it cost?
- AARC uses a flat fee rather than compounding monthly interest. Typical advances are $500, $750, or $1,000, and the illustrative payoff at settlement is 2x the advance amount.
About the author
Written by the funding team at AARC — Accident Advance & Resource Center. AARC underwrites pre-settlement cash advances for personal injury claimants and works directly with plaintiff attorneys across 45 states. Our team reviews case documentation daily and writes from that firsthand experience.
This article is general information, not legal or financial advice. Always confirm details with your attorney. Contact AARC or call (800) 297-3834 with questions about your specific case.
