State Farm Insurance License Practice Exam

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What happens to the amount awarded in a comparative negligence claim?

It is unaffected by the injured party's actions.
It is frequently twice the amount of actual damages.
It is adjusted based on the injured party's contribution to the loss.
It is limited to a maximum of five thousand dollars.

The correct answer is: It is adjusted based on the injured party's contribution to the loss.

In a comparative negligence claim, the compensation awarded to an injured party is directly influenced by their degree of fault in the incident that caused their injury. This legal principle means that if the injured party is found to have contributed to their own injuries, their compensation will be reduced in proportion to their level of negligence. For example, if a court determines that the injured party was 25% at fault for the accident, their awarded amount will be reduced by 25%. This concept promotes fairness by recognizing that both parties may share responsibility for the incident, thereby adjusting the damages awarded accordingly. This method stands in contrast to alternatives like pure contributory negligence, which could bar recovery altogether for any fault on the part of the injured party.