Litigation Strategy and Case Evaluation
Case Assessment
The analysis projects comparative fault allocation among the plaintiff, the defendant, and any nonparties. It interacts with the jurisdiction's comparative fault system to determine recovery.
Threshold effects in modified systems are decisive.
Alternative Names:
Fault Allocation Analysis|Liability Share Analysis
Why it Matters?
Threshold proximity determines whether the analysis is worth substantial investment, since a projected plaintiff share near the modified comparative fault bar means small movements eliminate recovery entirely rather than merely reducing it. That makes evidence affecting allocation disproportionately valuable in those cases. Nonparty fault availability separately affects the projection by adding shares that reduce the defendant's exposure.
Frequently Confused with
Related terms
Frequently asked questions
When is the analysis most consequential?
What else affects the projection?
