What Is the Difference Between Comparative Negligence and Contributory Negligence?

As a personal injury victim in North Carolina, state law gives you the opportunity to recover damages from the party responsible for your injuries through a civil action. Often, however, a state’s views on the role of negligence can have major implications for personal injury claims. 

Whereas some states allow personal injury plaintiffs that are partially responsible for their damages to file a claim, others view negligence of any kind as a total bar to pursuing compensation damages. Read on to discover the difference between comparative negligence and contributory negligence. 

Comparative vs. Contributory Negligence: What Is the Difference? 

A state’s interpretation of the role of negligence in civil procedure is something each state makes individually; that is to say, there’s no universal application of negligence in the U.S. In American civil law, the two main categories of negligence are comparative and contributory. 

The majority of states around the country practice a form of comparative negligence. Comparative negligence allows for the plaintiff in a civil lawsuit to recover damages even if they are found to be partially negligent in their own right. 

Contributory negligence, on the other hand, bars parties found to possess even 1 percent of the responsibility for the accident from recovering damages. In North Carolina, this means you could be locked out of filing a claim for damages altogether. 

Contact a Personal Injury Lawyer in Charlotte

Contributory negligence in North Carolina means defendants will try to pin some of the responsibility for the accident on you. The Nye Law Group is trusted in Charlotte to handle even the complex cases and can help you win the settlement you deserve.

Call 704-285-6319 or fill out the form below to schedule a free case review with an experienced Charlotte personal injury lawyer from The Nye Law Group.