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.
