The Sneaky Defense That Can Destroy Your Personal Injury Claim - And What To Do About It
If you were hurt in an accident due another person's negligence, you may be planning to file an injury lawsuit with the help of your accident attorney. The situation may seem very clear cut to you, but unfortunately it isn't uncommon for the person who caused the accident to dispute their fault in the case. There is one defense that can be particularly damaging to your case: Contributory negligence. If you live in an area that allows this defense, you need to be prepared to fight it very aggressively. Keep reading to learn about this sneaky defense tactic and how you can protect yourself against it.
What is Contributory Negligence?
Contributory negligence is a legal term that means the fault for an accident does not lie entirely with one person. If you are injured and the other person claims that there was contributory negligence, it means that they are accusing you of contributing to the accident in some way. By extension, this means that they assert that you are partially responsible for your own injury.
The especially damaging thing about contributory negligence is that it takes very little to qualify: If you are found to be even one percent responsible for the accident, you can't recover damages from the person who is 99 percent responsible. If you live in a state that allows this defense and you are found to have committed contributory negligence, the law states that you may not recover any damages from the other person involved in the accident.
Where is Contributory Negligence Defense Permitted?
Only five areas in the United States currently allow the contributory negligence defense. They include:
- Alabama
- North Carolina
- Maryland
- Virginia
- Washington D.C.
All other U.S. states have a somewhat similar, but far more flexible, negligence defense known as comparative negligence. In comparative negligence states, bearing a portion of the blame does not preclude filing for compensation as long as you are less than 50 percent responsible for the accident.
Fighting a Contributory Negligence Defense
If you live in one of the above states, the chances may be high that the person responsible for the accident will try to employ a contributory negligence defense. When this happens, you need to work with an accident lawyer who will aggressively fight with the insurance company representing the individual responsible for the accident.
Your attorney will use a variety of methods to demonstrate that you deserve compensation, and that you were in no way responsible for the accident. This can include:
- Using the police report from your accident as evidence, especially if the other person admitted fault at the scene of the accident
- Creating a timeline of the accident that demonstrates you could not have contributed
- Using medical records to demonstrate that your injuries are consistent with an injury caused entirely by another person
In many personal injury cases, a settlement agreement is reached prior to trial. If your attorney is an aggressive negotiator, this is likely to happen for you - even when the responsible party tries to avoid paying what you deserve by trying this sneaky defense! For more information, contact a firm such as Bailey Law Office Ltd.
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