When working with a personal injury attorney in Charlotte, NC, you might hear the term “contributory negligence” while discussing your case. What is contributory negligence, and how can it impact your claim? Learn the answer in this helpful guide from Yale Haymond Law PLLC.
Explore a Key Defense Strategy in Personal Injury Cases
When someone files a personal injury claim, the defendant may cite contributory negligence as a liability defense. This principle holds that the injured party is responsible for their condition.
The defendant could allege that the plaintiff failed to take reasonable care, which directly impacted their safety. If successful, this defense strategy could reduce the defendant’s legal liability.
What does this look like in practice? Suppose a pedestrian is hit while crossing the street. If they don’t use a valid crosswalk and step out into the road during busy traffic, the driver could claim the pedestrian’s actions were negligent.
Contributory vs. Comparative Negligence
What is contributory negligence, and how does it compare to comparative negligence? The two terms sound similar, but they can affect one’s negligence claim in different ways.
Contributory negligence refers to a plaintiff’s actions that contribute to their injury. If there’s foreseeable harm in their actions but they don’t take reasonable steps to remain safe, the defendant may not be liable.
Comparative negligence centers around fault allocation. The court determines the fault percentage for each party, which can impact the amount of compensation the plaintiff may pursue.
How Does Contributory Negligence Affect Potential Damages?
Some states follow comparative negligence rules, which allow plaintiffs to pursue compensation, even if they’re partially at fault. Modified comparative negligence models are common, which restrict someone from seeking damages if they’re more than 50% at fault. Pure comparative negligence rules allow plaintiffs to pursue compensation as long as they’re not 100% at fault.
A plaintiff’s fault percentage may be reduced from the final settlement. For instance, if someone is found to be 20% at fault and they accept a settlement offer of $100,000, they would only be eligible to receive $80,000.
North Carolina follows the contributory negligence rule. In other words, the state prohibits someone from seeking compensation if they contributed to an accident in any way, though some exceptions apply.
Why Legal Representation Matters
Slip-and-fall incidents, car crashes, and other accidents can result in significant financial hardships. Depending on the circumstances, you may decide to file a personal injury claim to seek compensation for the following:
- Medical costs
- Property damage
- Lost wages
- Emotional distress
However, if you’re found partially at fault for your injuries, you lose your chance at seeking compensation. A knowledgeable lawyer may be able to help by reviewing the case’s details and gathering evidence to support your claim. Bear in mind that outcomes vary for individual cases.
Review Your Case With a Charlotte Injury Attorney
After reading this guide, you no longer have to wonder, “What is contributory negligence?” At Yale Haymond Law PLLC, we understand the implications of one’s negligence and how it affects damages in personal injury cases. To review your legal options with a knowledgeable attorney, contact our firm today at (704) 800-4357.
