Paralegal Advanced Competency Exam (PACE) Practice Exam

How does comparative negligence affect damage recovery?

1. It guarantees full recovery for the injured party

2. It requires a fixed percentage of damages paid

3. It diminishes damages based on the injured party's negligence

4. It excludes negligent parties from recovery

The correct answer is: It diminishes damages based on the injured party's negligence

Comparative negligence is a legal doctrine that addresses the allocation of fault in an accident or injury case. When a claimant is found to be partially responsible for their own injuries, comparative negligence affects the damage recovery by reducing the amount of compensation they can receive in proportion to their degree of fault. For instance, if a jury determines that the injured party was 30% at fault for the incident, the damages awarded would be decreased by that percentage. This method allows for a more equitable distribution of damages, ensuring that the compensation correlates with the level of responsibility for the accident, rather than providing full recovery regardless of the claimant's involvement in the situation. In this context, the other options do not accurately reflect the principles of comparative negligence. Full recovery is not guaranteed because the injured party's own negligence directly impacts their compensation. The concept of requiring a fixed percentage of damages paid does not fully capture the essence of comparative negligence, which is about reducing damages based on fault rather than setting a fixed rule for recovery. Finally, excluding negligent parties from recovery contrasts with the principle of comparative negligence, which allows for recovery but adjusts it based on the degree of negligence involved.