When an individual gets injured at no fault of their own, they are entitled to file a claim against a negligent party to seek financial compensation for their damages. However, if a victim is partially at fault for the cause of the accident that caused their damages, their ability to recover financial compensation for their losses becomes more complex. If you have sustained an injury due to another party’s negligent actions and you are partly to blame for the cause of the accident, please don’t hesitate to contact a dedicated and experienced St. Petersburg, Personal Injury Attorney who can help you understand your legal options. In addition, please continue reading to learn more about the differences between the legal concepts of comparative and contributory negligence. Injured individuals need to understand which rule their state follows as it can affect their capacity to recover compensation for their damages.
What makes the comparative negligence rule different from the contributory negligence rule in personal injury cases?
In personal injury cases, two doctrines impact an injured individual’s ability to recover monetary compensation for their damages if they were in any way at fault for the cause of the accident that caused their damages. States either adhere to the comparative negligence rule or the contributory negligence rule. In today’s society, most states adhere to the comparative negligence rule. However, there are still a few states that adhere to the contributory negligence rule. The state of Florida adheres to the comparative negligence rule.
Comparative negligence
Essentially, states that adhere to the comparative negligence rule permit injured individuals to recover monetary compensation for their damages despite having contributed to the cause of the accident that caused their injuries. However, the maximum award they are granted is reduced by their degree or percentage of fault. For instance, if an injured individual is found 45% at fault, their total award will be reduced by 45% to reflect their contribution to the cause of the accident.
Contributory negligence
On the other hand, states that adhere to the contributory negligence rule do not allow victims to recover monetary compensation for their damages if they contributed in any capacity to the accident that caused their injuries. Essentially, they bar victims even if a negligent party is found 99% at fault, and the injured individual is found 1% at fault. If an injured individual is partly to blame, they are not permitted to recover compensation for their damages.
Ultimately, the difference between these two legal concepts is that under the comparative negligence rule, victims can still recover financial compensation for their damages even if they are partly to blame for the cause of the accident. However, under the contributory negligence rule, victims cannot recover any financial compensation if they contributed to the accident in any way.
In the unfortunate event that you or someone you love has been injured as a result of another party’s negligent actions and you are partially at fault for the cause of the accident, get in touch with one of our skilled and determined team members. Our firm is dedicated to helping our clients seek the justice they deserve.
