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Understanding Comparative Negligence

When a person is injured, they may take up legal action against the individuals who caused them harm. However, this is not necessarily a simple legal issue to deal with. State laws determine which parties may be able to pursue a civil lawsuit in a particular case. Correspondingly, they also prevent certain individuals from proceeding with legal action.

If you have been harmed by the negligent or reckless actions of another party then it is advisable to consult with a skilled and experienced attorney about the potential merits of a legal action. Contact the Milwaukee personal injury attorneys of Habush Habush & Rottier S.C. at (414) 271-0900 today.

Types of Comparative Negligence

Comparative negligence is the legal practice of assigning a percent of blame for an accident and allowing a person to sue for that portion of the damages. This doctrine has been used throughout the majority of American jurisdictions for the past several decades. Comparative negligence includes the following forms include:

  • Pure comparative negligence, the basic form of comparative negligence, in which an individual can seek the percentage of damages which is not his or her own liability
  • Modified comparative negligence, by which the plaintiff can only sue if deemed to hold less than half of the blame for the incident
  • Modified comparative negligence, under which a plaintiff may only sue if found to be less than 51 percent responsible

Wisconsin works under the premise that a plaintiff’s blame cannot be greater than the defendant’s. This means that a plaintiff can hold half of the blame, but any amount greater than 51 percent will disallow them from filing a claim.

Contact Us

If you have been injured and are considering filing for compensation, contact the Milwaukee personal injury lawyers of Habush Habush & Rottier S.C. today by calling (414) 271-0900.