While the landowner is responsible for cleaning and salting the area, the individual's own negligence contributed to the accident. Therefore, in a state that allows the contributory negligence defense, the defendant may not be liable. If a state allows the comparative negligence defense, the judge or jury determines how the plaintiff's carelessness compares to the defendant's carelessness. If the plaintiff is found partially at fault for an accident, he or she has not lost his or her case altogether. Comparative negligence is simply used to calculate the degree of the plaintiff's negligence and, as a result, reduce the plaintiff's claim reward.
Some states have a modified form of comparative negligence.
For example, if a plaintiff is found to be 40 percent at fault, he or she would recover 60 percent of his or her damage. The more serious an injury is, the higher the value of the claim. If you are diagnosed with whiplash or neck strain, you will have a hard time convincing an insurance company that you deserve much compensation. Injuries such as whiplash and back strains are known as soft tissue injuries because they involve muscle. Although the condition can be painful, it's usually not permanent.