In Pennsylvania, a Plaintiff (injured party) in a personal injury matter brought under a claim for negligence can recover in certain cases even if the Plaintiff is found to be partially at fault for the accident.
If the Defendant (party being sued) is being sued for negligence and both the Defendant and the Plaintiff are found to be negligent and a cause of the accident, a jury will apportion the percentage of negligence they find against each party.
If the Plaintiff is found to be more than 50% at fault for the accident, the Plaintiff will be unable to recover for any damages sustained in the accident.
If the Plaintiff’s negligence is found to be 50% or less at fault for the accident, the Plaintiff will still be able to recovery for his or her injuries; however, the total damages awarded to the Plaintiff will be reduced by his or her percentage of fault for the accident. For example, if a jury awarded $100,000 to a Plaintiff but found the Plaintiff was 25% at fault for the accident, the total award will be reduced by 25% and the Plaintiff will be awarded $75,000.
The above issues regarding comparative negligence are specific to personal injury matters brought based upon theories of negligence.