A person can suffer injuries in a variety of ways, and sometimes it’s not their fault. Unfortunately, you can be injured as a direct result of another person’s negligence. When an individual does not exercise reasonable care it can result in devastating accidents and injuries. However, sometimes negligent parties are not the ones responsible for the cause of an accident. In some cases, an individual may contribute in some capacity to the cause of their injuries. When a victim is partly at fault for the cause of the accident that caused their damages, it can complicate their case as they may not be able to recover monetary compensation depending on what doctrine their state follows when it comes to personal injury claims. If you have suffered an injury due to someone else’s negligent actions and are partly responsible for the cause of the accident, please don’t hesitate to contact a determined Chesterfield County Personal Injury Lawyer who can help you navigate your legal options. In addition, please continue reading to learn more about the differences between contributory negligence and comparative negligence.
What is the difference between contributory negligence and comparative negligence?
As mentioned above, it is imperative to understand what doctrine your state follows as it can affect your ability to recover monetary compensation for your damages if you contributed in any capacity to the accident that caused your injuries. In the U.S. states either follow the contributory negligence rule or the comparative negligence rule.
- Contributory negligence. If you are injured due to another person’s negligent actions and are partly responsible for the accident that caused your injuries, you will be barred from recovering financial compensation. Essentially, if you contributed to the accident that caused your injuries, you will not be able to recover financial compensation for your economic and non-economic losses. Even if the negligent party is found 99% responsible and you are found even just 1% at fault, you will not be awarded any financial compensation for your damages. In the U.S., there are only a few states that follow the contributory negligence rule.
- Comparative negligence. If you are injured due to another person’s negligent actions and are partly responsible for the accident that caused your injuries, you are still entitled to recover monetary compensation for your economic and non-economic damages despite having contributed to the cause of the accident. However, the amount you can recover is reduced by your percentage of fault. For instance, if you are found to be 60% responsible, your award will be reduced by 60%. In the U.S., most states follow the comparative negligence rule. South Carolina follows the comparative negligence rule.
In the unfortunate event that you or someone you love has been injured due to another person’s negligence and you are partly responsible for the cause of the accident that caused your damages, reach out to one of our trusted team members. Allow our firm to represent your interests today to help you seek the justice you deserve.
