Contributory Negligence vs. Comparative Negligence
One thing that almost no one knows about regarding personal injury claims is that certain states follow rules that place the injured party at a serious disadvantage when he or she decides to pursue compensation for his or her injuries. If you have been injured in an accident, the amount of your financial restitution will depend on whether the state in which you file your case follows a contributory negligence or comparative negligence standard.
In states where the comparative negligence standard is enforced, a jury will examine the circumstances of an accident to determine whether both parties took part in causing the accident and, if so, exactly how much responsibility each party bears. The judge will then determine what amount of compensation is owed based on the division of accountability. This standard allows injured parties to recover compensation even in situations where their actions contributed in some small way to the accident.
However, in states that enforce the contributory negligence standard, the injured party who is found to have contributed to the accident in any way will lose any chance of being awarded any financial compensation. Only five states follow this standard: Alabama, the District of Columbia, Maryland, North Carolina and Virginia.
Call our attorneys at the Sampson Law Firm in Louisville today at (502) 584-5050 to schedule an appointment if you wish to seek compensation for any injuries you sustained as a result of someone else’s negligence.