Although most states have adopted a Comparative Negligence doctrine, which seeks to restore a balanced and fair system, North Carolina still allows a defendant to argue Contributory Negligence in a case.
Let us start by asking what is Contributory Negligence? Being able to fully understand some legal concepts may be difficult if you’re not an injury lawyer. The doctrine of Contributory Negligence is very dangerous to claimants. If it might be raised in your claim, I urgently suggest you seek legal advice before discussing your claim with anyone.
If you’ve been injured in any accident and are seeking compensation for your damaged property and medical expenses, the defendant may say that you were partially to blame. The law of Contributory Negligence in North Carolina means that even if the at fault person can prove you were only 1% to blame for an accident, you may not be awarded any compensation whatsoever.
What is the difference between Contributory Negligence and Comparative Negligence? The doctrine of Comparative Negligence differs from the Contributory Negligence defense. Generally in Comparative Negligence jurisdictions, when a defendant can claim that the plaintiff was partially at fault, the defendant can only argue that their compensation should be reduced by a percentage equivalent to the percentage of fault they are judged to have. Therefore, if you were only 20% to blame for the severity of your injuries, leaving the other party liable for 80%, this could reduce your compensation by 20%.
When you’ve been injured by a person whose insurance company claims a Contributory Negligence defense you could face losing your case completely and receiving zero compensation. That’s why you need the right legal representation.
Should I hire an injury attorney if I fear the other party may argue Contributory Negligence?
This means that all financial restitution you may claim, including coverage for medical expenses, lost time and wages, future medical costs, and pain and suffering could be lost simply because of a law that exists only in a few states. An injury attorney is your best option to ensure that you receive compensation after an accident. It is important to remember that the state of North Carolina has a statute of limitations governing the amount of time in which you may seek compensation for an accident-related injury. This means you must file a claim within the applicable time period or you will lose the right to pursue compensation forever.
The sooner you speak to a lawyer, the sooner you will understand your legal options. Even if you think you may not have a case, an experienced attorney will be able to help you understand Contributory Negligence, and it still may be possible for you to receive a fair and just settlement.
Contact the Law Offices of Eric H. Kassor today to speak with Eric about your injury accident. He is an injury attorney who can explain all necessary factors relating to Contributory Negligence. It is best for you to know your rights, so that you are able to protect your interests.