Get Ahead in Your Personal Injury Case

Understanding Contributory And Comparative Negligence

30 January 2020 by Kenneth Pierce

One of the most basic questions that arises in any injury case is how much the plaintiff's actions might have contributed to the situation. While 100% responsibility for one part is certainly possible, it's a common occurrence that both sides made some contribution to what happened.

In American injury law, this gives rise to two doctrines — contributory and comparative negligence. Let's look at what the two are and how they figure into the thinking of a personal injury lawyer.

What Is Contributory Negligence?

At its core, the doctrine of contributory negligence is a basis for rejecting a claim or tossing a lawsuit. In most states, a plaintiff must demonstrate that they were less than 50% responsible for the injuries they suffered in order to be able to recover any compensation in a case. The most extreme version is that if you are found even 51% responsible for your injuries, you get zero money, even if your injuries were catastrophic.

Some states have been moving away from contributory negligence. For example, California has gone to a purely comparative model. This means that someone in California could recover damages even if they're found to be 99% responsible for the injuries they suffered. It's critical, however, to consult with a personal injury lawyer services firm to learn what the rules are in the state where you were hurt.

What Is Comparative Negligence?

Presuming you've met your state's standards for not contributing to the incident in question, the next issue is resolving how comparatively responsible you were. Claims adjusters and jurors are regularly asked to quantify the share of responsibility in cases. That means a jury might, for example, find an at-fault party to be 51% liable.

Suppose that a person were running along a sidewalk in a city park and fell into an unmarked hole where a sewer work was being worked on. The city has a duty to prevent injuries by putting out signs and roping off the hole. Conversely, running on a sidewalk isn't highly responsible so the city might only be 95% liable.

Calculating Your Compensation

The assignment of a percentage of blame dictates how much in the way of damages you'll be able to recover. If you suffered $100,000 in injuries and the court found the defendant to be 51% responsible, then the judgment in your favor would result in an award of $51,000. Fees for your personal injury attorney would come out of this lower amount, as would outstanding expenses related to medical leans imposed by hospitals, doctors and insurance companies.

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