Contributory Negligence v. Comparative Negligence

Posted on Dec 29, 2009 4:40pm PST

If you have suffered an injury due to another person's negligence in the state of North Carolina, it is important to understand the difference between contributory negligence and comparative negligence.

Comparative Negligence

The majority of states operate under comparative negligence. This means that if someone is injured as the result of negligence or malpractice they have the right to be compensated for their injuries, pain and suffering, medical expenses, lost wages, and property damage, even if they contributed to the accident in some way.

In these types of personal injury cases, the court will look at the percentage to which each party is at fault. If you were found 20% at fault and the other party was found 80% at fault, the defendant must compensate you for 80% of your losses.

Contributory Negligence

Accident and injury victims in states that operate under contributory negligence statues are limited to the amount of compensation they can recover. Unfortunately, North Carolina is one of the few remaining contributory negligence states in the country. This means that if you are even slightly at fault for the accident or injury, you cannot recover any compensation in a North Carolina personal injury case.

Experienced Injury Attorneys Serving all of North Carolina

At Lanier Law Group, P.A., we know the negligence laws are harsh, and are therefore even more driven to help our clients recover as much compensation as possible. An experienced North Carolina personal injury attorney at our office can help you pursue an accident or injury claim, and provide you with the advice, guidance, and legal counsel you will need throughout the claims process.  Our goal is to help each and every one of our clients recover maximum compensation for their injuries!

Interested in discussing your claim at a free consultation? Contact a North Carolina personal injury lawyer or simply fill out a case evaluation form.

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