Charlotte Injury Lawyers Blog
Contributory Negligence in Personal Injury Claims in North Carolina
Accidents happen quite often, and while most of the time they are minor, sometimes they may be severe. When an accident occurs, the negligent party will be held responsible for the resulting damages. Damages could include medical costs, lost wages, and money for pain and suffering, among others. North Carolina law only allows a party to collect compensation for damages as long as the other party is 100% responsible for the accident. You will want to understand this rule, called contributory negligence, to find out if you can get money for your injuries.
What is Contributory Negligence?
North Carolina utilizes a strict contributory negligence doctrine. This law says that if a party is at all negligent, they are not allowed to collect compensation from another negligent party. In other words, if your own negligence contributed to an accident, you are barred from getting compensated from the other negligent party, even if they were much more negligent than you.
Many states use a comparative negligence standard instead. In those states, you may be able to collect damages even if you were partly negligent, based on your portion of fault.
How Does Contributory Negligence Impact My Case?
Even though you may suffer extensive damages, you could be prevented from collecting from the other party if you were at all negligent in the incident. Being just 1% negligent will keep you from being eligible to get compensation from the other party, even if they were 99% responsible.
There are a couple of exceptions to the contributory negligence rule. You may still be able to recover damages if the other party was grossly negligent, unless you were also grossly negligent. Also, you may be able to get compensation if the other party had a last chance to avoid the accident but failed to do so.
Elements of Negligence
In order to win a personal injury claim, you must be able to prove negligence. There are four basic elements of negligence, including:
- Duty of Care
- Breach of Duty
- Causation
- Damages
You must prove that the other party had a duty to be careful and that they breached their duty. Their breach of duty of care caused the accident and injuries. You must show that you have actual damages due to the other party’s negligent acts.
Speak to a Knowledgeable Personal Injury Attorney
Because of the strict contributory negligence rule in our state, it is strongly recommended that you speak to an experienced personal injury attorney as soon after the accident as possible. Your attorney will review the details of the case and provide you with guidance on how to proceed. It is often best not to make a statement to the insurance company until after you first consult with a lawyer. There are many factors that will determine the outcome of your particular case, so don’t admit fault.
If you were hurt in an accident, we are here to help guide you and answer your questions. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a free initial consultation.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
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