When both the Plaintiff and Defendant are at fault, what result follows under modified comparative fault?

In a modified comparative fault system, the court assesses the degree of fault each party has in causing the injury or damage. When both the plaintiff and defendant share responsibility, the plaintiff's compensation is adjusted based on their level of fault.

If the plaintiff is found to be at fault, their total damages will be reduced by the percentage that reflects their contribution to the incident. For instance, if the damages awarded amount to $100,000 and the plaintiff is found to be 25% at fault, they would only receive $75,000, since their award is decreased by their level of responsibility. This equitable approach aims to fairly distribute liability based on the actions of each party, allowing for a more just outcome that considers the specifics of the incident.

Under modified comparative fault, a plaintiff's recovery is contingent upon their percentage of fault. If the plaintiff's fault is determined to be 50% or greater, their claim may be barred entirely, but the correct understanding when both parties are at fault is that the plaintiff will see a reduction in their damage award proportional to their share of fault.