Question

Malcolm was involved in an auto accident. He was judged to be 20% at fault in the accident and the other party was judged to be 80% at fault. Malcolm’s actual damages were $40,000. Under a pure comparative negligence rule, how much will Malcolm receive for his injuries?

Answer 1

Answer:

Malcom will receive $32,000 for this injurires.

Explanation:

According the data Malcolm’s actual damages were in the accident were $40,000, and the other party was judged to be 80% at fault in the accident.

Therefore in order to calculate how much will Malcolm receive for his injuries, we have the make the following calculation:

$40,000 * 0.8 = $32,000

Hence, Malcom will receive $32,000 for this injurires.

Answer 2

Answer:

Malcolm  would receive $32,00 for his injuries

Explanation:

The damages is $40,000 from which the beneficiary of the damages,Malcolm is to foot 20%,hence is expected to receive 80% of the damages from the judgement debtor.

The amount of cost that Malcolm would personally bear is $8000,(20%*$40,000) while receiving the balance of $32,000($40,000-$8000) from the other party,this is the  sharing arrangement for damages under the comparative negligence rule as damages is meant to be awarded depending on the level of the beneficiary level of contributory negligence to the accident.