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Modified comparative fault rule (51%).In states that have adopted this rule, you must be less than 50 percent at fault to recover any damages, and your damages will be reduced by your percentage of fault. Modified comparative fault rule (50%).In states that have adopted this rule, the damages you can recover are simply reduced by your percentage of fault. ![]() In states that have adopted this rule, no damages can be recovered if you’re partially at fault for your injuries (even if you’re only 1 percent at fault). Here are the four major approaches that have been adopted: States have adopted different approaches to determine how a plaintiff’s degree of responsibility may impact their personal injury claim.
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