Comparative Fault Calculator

It's set by the state where your case is filed (or, for some claim types, where the injury occurred), not by choice. A minority of states -- commonly cited as Alabama, Maryland, North Carolina, Virginia, and Washington D.C. -- apply pure contributory negligence, where any plaintiff fault bars recovery entirely. Most other states use some form of comparative negligence, split between a 50%-bar and a 51%-bar modified rule, or a pure comparative rule with no bar at all. Confirm your specific state's rule with a licensed attorney; this calculator only models the mechanics once you know which rule applies.

Under a modified comparative system with a 51% bar, recovery is reduced proportionally by the plaintiff's fault percentage right up to the threshold, then drops to zero the moment fault reaches or exceeds 51%. At 50% fault you'd still recover half your damages; at 51% you recover nothing. That sharp cutoff -- not a gradual reduction to zero -- is the defining feature of a modified (as opposed to pure) comparative system.

No. Number of Defendants doesn't factor into this calculator's math at all -- Net Recovery depends only on Total Damages, Plaintiff Fault %, and Fault System. Primary Defendant Fault % is what actually splits the recovered amount between the Primary Defendant Share and the combined Other Defendants Share; Number of Defendants is informational only in this version.

No. Primary Defendant Fault % only determines how your Net Recovery is divided between the primary defendant and the other defendants collectively -- it doesn't change the total amount you recover. Total Net Recovery is set entirely by Total Damages, Plaintiff Fault %, and the selected Fault System, before any allocation between defendants happens.

It's the more common of the two modified-comparative variants, but it is not universal -- a meaningful number of modified-comparative states use the 50% bar instead, some states use pure comparative with no bar at all, and a handful use pure contributory negligence. There is no single national default; treat whichever system you select here as one state's example, and confirm your own state's actual rule before using this for anything beyond general education.