What legal principle reduces the damages recoverable based on the percentage of the claimant's own negligence?

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The legal principle that reduces the damages recoverable based on the percentage of the claimant's own negligence is known as comparative negligence. In jurisdictions that apply this principle, if a claimant is found to have contributed to their own injury or damage, their recovery is reduced by the percentage of fault attributed to them. For example, if a claimant is found to be 20% responsible for an accident, they can only recover 80% of the total damages inflicted. This approach allows for a more equitable distribution of liability based on the circumstances surrounding the incident, making it distinct from contributory negligence, where any level of fault from the claimant may bar recovery altogether.

Understanding this concept is essential for those in the field of insurance and law, as it directly impacts settlement negotiations and the determination of liability.

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