Contributory Negligence vs. Comparative Negligence

Across the United States, most states use one of two systems of negligence. These systems of negligence are used to determine levels of fault in personal injury cases. These levels of fault are then used to determine the amount of compensation to be awarded, if any.

Depending on the system that your state uses, you may actually end up with no financial compensation because some state use systems that will not allow you to collect compensation when you are partially responsible for the accident in question.

Contributory Negligence

Contributory negligence is the system that will not allow you to gain financial compensation if you were in any way responsible for causing your own harm. If you are even determined to be one percent at fault for the accident, then you will receive no compensation.

States that employ this system are:

• Alabama
• Maryland
• North Carolina
• Virginia

In addition to these states, Washington, D.C. employs a system of contributory negligence.

Comparative Negligence

Other states employ systems of comparative negligence. Like contributory negligence states, these states will determine how much fault the accuser had in addition to how much fault the accused had. It differs, though, in that an accuser can still receive financial compensation.

The amount of compensation will determine the level of fault an accused person has. For instance, if an accused person is 75 percent responsible for an accident, then he or she will likely be ordered to pay for 75 percent of the expenses incurred from the accident.

Contact Us

Regardless of what system of negligence your state employs, you should fight to hold an individual accountable when he or she has caused you harm. Contact the Coral Springs personal injury lawyers of Eric G. Canter, P.A., at 866-529-0022 for more information.