Unfortunately, individuals can suffer catastrophic injuries when a negligent party fails to exercise reasonable care. Depending on what state an individual gets injured in, their ability to recover monetary compensation for their economic and non-economic damages could be affected if they were partially at fault for the cause of the accident that caused their damages. This is because states either follow comparative negligence or contributory negligence rules when it comes to personal injury cases. If you or someone you love has been injured as a direct result of another person’s negligence and you are partially at fault for the cause of the accident, it is imperative to take action as soon as possible. Please read on and contact one of our trusted and knowledgeable Essex County Personal Injury Attorneys who can help you understand which doctrine your state follows as it can affect your ability to recover monetary compensation for your damages.
What is the difference between comparative negligence and contributory negligence?
Comparative negligence and contributory negligence are legal concepts that stipulate whether a victim can recover monetary compensation for their damages if they contributed in any capacity to the cause of the accident that caused their injuries.
- Comparative negligence. Most states follow the comparative negligence doctrine. New Jersey is one of those states. States that follow the comparative negligence rule allow victims to recover monetary compensation for their damages even if they were partially at fault for the cause of the accident that caused their injuries. However, their award is reduced by their percentage of fault in the accident. This means that if a victim was 30% at fault in the accident, the amount of their award will be reduced by 30%. Essentially, victims who share blame can still be awarded for their damages.
- Contributory negligence. Only a few states continue to follow the contributory negligence doctrine. States that follow the contributory negligence rule bar victims from recovering any monetary compensation for their damages if they were partially responsible or contributed in any capacity to the cause of the accident that caused their injuries. Essentially, if a victim is even just 1% at fault for the cause of the accident and the negligent party is 99% at fault, they will not be awarded any amount of monetary compensation for their losses.
In the unfortunate event that you or someone you love has been injured due to someone else’s negligent actions and are partially to blame for the cause of the accident that caused their injuries, please don’t hesitate to get in touch with one of our determined and adept attorneys. Our firm is committed to helping our clients investigate the cause of the accident as well as gather pertinent evidence. Allow our firm to fight on your behalf to help you seek the justice you deserve.