Comparative fault

A rule that allows recovery only if the claimant’s share of fault is below a threshold (50% or 51%, depending on the state).

A rule that bars a claimant from any recovery if they bore any responsibility for their own injury.

A rule that allows a claimant to recover damages even if they were 99% at fault, with the award reduced by their percentage of fault.

A formal pre-litigation letter from the claimant (or solicitor) to the at-fault party’s insurer setting out liability, damages, and the amount sought to settle.

A rule that prevents a defendant from reducing damages by amounts the claimant has already received from independent sources (insurance, employer benefits, etc.).

A scheme under which an injured person’s own insurer pays defined benefits regardless of who caused the accident, with the right to sue restricted to cases that meet a serious-injury threshold.