What Is Contributory Negligence in North Carolina?

When you file suit against the defendant in a personal injury case, a court will make a determination as to who was responsible. In North Carolina, contributory negligence can play a decisive role. 

Getting to the bottom of who was responsible in a personal injury case is important because it ultimately tells whether a defendant is liable to you for your damages. Often, things can get complicated when both parties assume some of the blame for an accident. Read on to find out what contributory negligence is in North Carolina and how it can impact your lawsuit. 

North Carolina Pure Contributory Negligence

When an injured party files suit against the party they feel is liable for their damages, it becomes their job to use the available evidence to prove that the incident in question resulted from the defendant’s carelessness or negligence. In some cases, such as medical malpractice cases, it’s unlikely that the patient could be found responsible.

In other cases, it can become more complicated. In-car accident lawsuits, for example, a judge may determine that both parties to the suit share some of the responsibility for causing an accident. When this happens in North Carolina, the system of pure contributory negligence bars the injured plaintiff from recovering damages in the case. 

Pure contributory negligence basically says that if you are found even 1 percent liable, you are unable to pursue financial remedy in a civil lawsuit. As a car accident victim, this is devastating and could be the difference between earning the settlement you rightfully deserve and walking away with nothing. 

North Carolina is part of the minority of states that observe pure contributory negligence. In other states, where systems of comparative negligence are observed, the plaintiff may still be able to recover damages even when they’re found partially responsible for causing the accident. 

How a Personal Injury Lawyer Can Help

When you file suit in North Carolina, the at-fault party’s insurance company will send its lawyers to try and prove that you are at least 1 percent liable for the defendant’s damages, because doing so will lead the judge to dismiss your claim. 

Insurance companies will always try to avoid paying you what you really deserve, so pure contributory negligence is a boon for its cause. The system of contributory negligence in North Carolina underscores the importance of being prepared for your civil suit. 

A personal injury lawyer in Charlotte will investigate the facts of your case to increase your odds of collecting the settlement or jury award that you deserve for your injuries. 

Contact a Personal Injury Lawyer in Charlotte

Don’t let an insurance company use pure contributory negligence to your detriment. An experienced Charlotte personal injury lawyer from The Nye Law Group will work diligently to present the best version of your claim, increasing your odds of success. 

Why not get started with a free case consultation today? Call 704-285-6319 or fill out the form below with your contact information and a brief description of your case.