What is the doctrine of comparative negligence?

Prepare for the Massachusetts Personal Lines Exam. Study with engaging flashcards and multiple-choice questions. Each question offers helpful hints and explanations. Get ready for success!

The doctrine of comparative negligence is primarily a principle used in tort law that allows the court to assign a percentage of fault to both the plaintiff and the defendant in a negligence lawsuit. Under this doctrine, the damages awarded to the plaintiff are reduced by their own percentage of fault in causing the accident or injury.

For example, if the plaintiff is found to be 30% at fault for an accident and the total damages are assessed at $100,000, they would be entitled to $70,000 from the defendant. This approach encourages responsible behavior by allowing a court to hold parties accountable for their contributions to a harmful situation while also ensuring that plaintiffs receive compensation that reflects their level of involvement in the incident.

Other choices, while they might seem relevant to legal or insurance contexts, do not accurately describe the function of comparative negligence. A method of determining fault in insurance applications or establishing total liability in an insurance claim focuses more on claims processing rather than the division of accountability in personal injury cases. Managing multiple claims at once relates to insurance claim management strategies, which is distinct from the allocation of fault in a legal scenario.

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