Understanding Contributory Negligence

In the state of North Carolina, many personal injury cases hinge on whether or not the victim was in any way at fault for the accident that has caused them harm. Known as “contributory negligence,” if an individual is found to be even partially liable for their own injuries, they may be denied compensation from the party that was also at fault for the accident.

For example, if someone were to enter a construction zone, ignoring posted warnings about the potential hazards of falling debris, and were subsequently struck by a falling object, it could be argued that the victim was responsible for their own injuries.

On the other hand, if a non-worker was to enter the premises without receiving any warnings of the potential risks, they would likely be able to prove that the construction company was liable for the injuries that they have sustained. In any case, however, the responsible party and their insurance provider will almost always try to prove that the victim was also at fault for the accident.

By encouraging a victim to admit even partial fault in the event that an accident has caused the injury, they are able to provide themselves with a solid defense against any future personal injury claims. If you have been involved in a negligently caused accident or have been injured due to a dangerous premises liability, admitting fault could severely hinder your case.

North Carolina—among Virginia, Alabama, Maryland, and the District of Columbia—is one of the few states in the US that accounts for contributory negligence, so if it is discovered that you were even 1 percent responsible for your own injuries, you will likely be denied any form of compensation. If you have been injured at the hands of a negligent party or individual, however, you should not hesitate to contact an experienced attorney immediately.

An insurance company will do everything that they can to prove contributory negligence, so it is highly recommended to speak with someone who has your best interests in mind before making any statements.

Any unjustly sustained injury is grounds for compensation, but sadly, compensation is not always awarded to those that deserve it. By understanding your rights as a victim and by enlisting the help of a legal professional that fully understands the scope of the law, you can prevent your case from being dismissed.

Even in the event that your child has sustained a serious birth injury or your health was put at risk because of pharmacy malpractice, do not let the responsible party place the blame on you. Schedule a free case evaluation with our firm today for more information about what a New Bern personal injury attorney can do for you.