Personal injury or property damage claims. Negligence is not a tort in itself, rather it is a legal concept within the law of torts.To win a personal injury lawsuit in court on a theory of negligence, you must show that the defendant owed you a duty of care that they breached. Comparative negligence is a legal principle that is used to ascertain fault and quantify damages in a personal injury lawsuit. Negligence, assault, battery, or medical malpractice are examples of personal injury categories that will have different evidentiary requirements. You should identify each claim (e.g. Negligence, breach of contract, breach of warranty) separately in its own section of the complaint. Comparative negligence is an affirmative defense and the defendant has the burden to prove the extent of a plaintiff's negligence at trial. A personal injury claim is a claim where someone has been injured or killed due to the negligence of someone else. The doctrine Of "comparative negligence" determines the degree of fault for all parties involved in a personal injury claim.