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MyClaimWorth
glossary entry

Modified comparative negligence

By 3 min read
definition

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

What it means in practice.

Most US states use modified comparative. Texas, Illinois, Pennsylvania, Georgia, and many others apply the 51% bar; others use 50%. Above the threshold, recovery drops to zero.

frequently asked

Common questions.

Quick answers, plain English.

editorial note

This entry describes the term as it appears in published authority and practitioner usage. Nothing on this page is legal advice. For your specific case, consult a solicitor or attorney qualified in your jurisdiction. See /methodology for how we derive figures elsewhere on the site, /sources for the standing authority list, and /disclaimer for the scope statement.