The Impact of Contributory Negligence on Your Personal Injury Claim
Personal injury claims are a common occurrence in today's world. With the rise of accidents caused by negligence, people are seeking justice for the harm they have suffered. However, not all personal injury claims are straightforward. Contributory negligence is a legal concept that can impact your claim and affect the compensation you receive.
What is Contributory Negligence?
Contributory negligence is a doctrine that holds that if the plaintiff's negligence contributed in any way to their injury, they cannot recover damages from the defendant. In other words, if the plaintiff was partly responsible for the accident, they cannot hold the defendant solely liable for the damages incurred.
For instance, if you were involved in a car accident and it is found that you were talking on your phone while driving, which contributed to the accident, you might not be able to recover damages for your injuries. This is because your negligence contributed to the accident, and the court will find you partly responsible for your injuries.
How Does Contributory Negligence Impact Your Personal Injury Claim?
If the court finds that you were partly responsible for your injuries, the damages you receive will be reduced based on your level of negligence. This means that if your contributory negligence was found to be 50%, your damages will be reduced by 50%. If your contributory negligence was found to be 70%, your damages will be reduced by 70%, and so on.
The impact of contributory negligence is significant, as it can reduce the amount of compensation you receive for your injuries. Thus, it is important to understand the concept of contributory negligence and its implications for your personal injury claim.
How Can You Prove Your Claim Despite Contributory Negligence?
Proving your claim despite contributory negligence can be challenging but not impossible. The first step is to establish the defendant's negligence and how it caused your injuries. This involves collecting evidence and witness statements to prove that the defendant's actions or inactions caused the accident.
Next, you need to prove that your negligence did not contribute to the accident or that your negligence was minimal compared to the defendant's negligence. This can be done by presenting evidence that shows that your actions did not cause or contribute to the accident or that your actions were reasonable given the circumstances.
For instance, if you were jaywalking and were hit by a car, you could argue that your negligence was minimal compared to the driver's negligence, as the driver should have seen you and slowed down to avoid hitting you.
Conclusion
Contributory negligence is a legal concept that can significantly impact your personal injury claim. If you were partly responsible for your injuries, you might not be able to recover damages from the defendant. However, with the help of an experienced personal injury lawyer, you can present a strong case that proves the defendant's negligence and minimizes your contributory negligence. If you are pursuing a personal injury claim, it is important to understand the concept of contributory negligence and its implications for your case.