Paralegal Certification PrepLitigationMedium
A paralegal is summarizing the outcome of a recent civil trial. The jury returned a verdict finding the defendant liable for negligence and awarded the plaintiff $500,000 in damages. However, the paralegal notes that the jury also found the plaintiff 20% at fault for their own injuries. In a jurisdiction that follows 'modified comparative negligence,' what would be the likely impact of the jury's finding on the plaintiff's damage award?
- AThe plaintiff would receive $250,000, as damages are always split equally in comparative negligence.
- BThe plaintiff would receive the full $500,000, as comparative negligence is not considered.
- CThe plaintiff would receive $400,000, as their award is reduced by their percentage of fault.
- DThe plaintiff would receive nothing, as any fault on their part bars recovery.
Show answer & explanationAnswer & explanation
Correct answer: C. The plaintiff would receive $400,000, as their award is reduced by their percentage of fault.
In a modified comparative negligence jurisdiction, the plaintiff's damages are reduced by their percentage of fault, as long as their fault does not exceed a certain threshold (usually 50% or 51%). Since the plaintiff was 20% at fault, their $500,000 award would be reduced by 20%, resulting in a $400,000 recovery ($500,000 * 0.80).
Why the other options are wrong
- A. Damages are reduced proportionally, not always split equally, in comparative negligence systems.
- B. This describes pure comparative negligence or jurisdictions without comparative fault, not modified comparative negligence.
- D. This describes contributory negligence, where any fault by the plaintiff bars all recovery.
Modified Comparative Negligence
A tort defense system where a plaintiff's recoverable damages are reduced by their percentage of fault, but only if their fault is below a certain threshold (typically 50% or 51%); if above, recovery is barred.
- Plaintiff's fault reduces damages proportionally
- Recovery barred if plaintiff's fault exceeds threshold (e.g., 50% or 51%)
- More common than pure comparative negligence or contributory negligence
Memory trick: PUREly reduce, MODIFIED threshold, CONTRIBUTORY nothing.