If the other party is not found to be liable, there will be no recovery. The primary issue regarding personal injury cases of all types is negligence. If his or her negligence is clear, the value of your claim or settlement will rise accordingly. However, if liability is not as clear, your attorney can explain that the value of your claim will likely decrease proportionately.
Comparative negligence is a legal term that is associated with the assessment of how much of the accident is your own fault. Your award can be reduced based on the proportion of the accident is attributed to you. Furthermore, some jurors will not rule for you if they believe that you were at all at fault. If you were about 50 percent responsible for the accident, you may lose your case when it goes to trial. However, if you were only responsible for a small percentage of the negligence, your case will not be affected as much. Cases involving motorcycle accidents and slip and fall injuries often include an argument from the defense attorney regarding comparative negligence.