A rule called comparative negligence (or comparative fault) reduces a plaintiff's damages by their assigned percentage of fault. Under pure comparative fault rules, even a motorist who was 80 percent responsible could still collect $20,000. Fault System What It Means Effect on $100,000 in Surgery Bills if Plaintiff Is 20% at Fault What Happens at 51% Fault? In most jurisdictions, partial fault doesn't automatically defeat your ability to recover medical costs for surgery. Pure comparative fault states allow partial recovery regardless of your fault level; modified comparative fault states will cut off recovery entirely once you cross a specific threshold.