Comparative & Contributory Negligence
Comparative and contributory negligence are defenses available
to mitigate the amount that a defendant may have to pay to a
plaintiff for damages. Each of these defenses is based on an
assessment of fault towards the plaintiff. Depending upon the
laws of the state where the case is venued one of three different
versions of these defenses may be applicable. Pure contributory
negligence is, by far, the most oppressive to the plaintiff.
In those states that allow this defense if a defendant can prove
that the plaintiff is one iota to blame for the accident, then
he or she recovers nothing. For instance, if the evidence shows
that a defendant was speeding and went through a stop sign and
that the plaintiff was only one percent at fault because he or
she didn't swerve or brake quickly enough, then the plaintiff
may be entitled to no recovery.
Less oppressive to the plaintiff and more
prevalent are the two different versions of comparative negligence.
The first version is what is commonly known as "pure" comparative negligence. In "pure" comparative
negligence, the award of damages to the plaintiff will be reduced
in direct proportion to the plaintiff's percentage of fault,
no matter what the ratio. For instance, if you are 30 percent
at fault for an accident, you could recover 70 percent of your
damages. If you are 70 percent at fault for an accident, you
could recover only 30 percent of your damages. All of the other
parties alleged to be at fault would then be responsible for
paying you 30% of your total damages, apportioned between them
in proportion to the amount of fault assigned to them.
The last of these defenses is also fairly
common amongst the states. It is known as "limited" comparative
negligence. With this version in order to be able to receive
any damages, the plaintiff must be no more than 50 percent
at fault for the injury. If the plaintiff is no more than 50
percent liable, but is still partially at fault, then the award
of damages will be adjusted according to the plaintiff's percentage
of fault and the plaintiff's award will be reduced accordingly.
For example, suppose a jury awards you $100,000 in damages
as a result of a car accident, but it finds you 30 percent
at fault for your injuries because you did not properly use
a signal. After applying comparative negligence, you would
be entitled to $70,000 in damages - $100,000 minus 30 percent.
In the above example, the judge or jury determines the degree
of the each party's negligence and apportions to each party a
percentage of the total damages suffered, based on each party's
percentage of fault for causing your injury. If you were found
to be 51 percent liable, you would be unable to collect any amount.
What You Need To Know:
Insurance companies' obligations are to their stockholders and
policy holders, not to the people injured by their insured's
negligence. Insurance companies' desire to maximize their own
profits provides them with every motivation to try to deny your
claim or pay you the very minimum amount that they can get away
with. The insurance companies also have enormous advantages:
they have immense wealth, armies of experienced adjusters and
lawyers and years of experience reducing and denying claims.
At the Law Office of Stephen A. Burroughs,
our only obligation is to you, our client. We will use our experience
and every resource available to protect your interests, and we
will work hard to help you receive the full value for your case.
We will advise you every step of the way to help you avoid any
mistakes that could cost you money. There is no charge for attorney's
fees until you recover money for your personal injuries, and
we will also help you resolve your property damage claims for
no fee whatsoever. For assistance, call today at 1-877-300-3773, contact
us or submit
an free online case evaluation.
|
More
Information
Areas of Practice
|
