In order to understand the importance of Contributory Negligence in a personal injury case, one must have to know the proper meaning of contributory negligence. Contributory negligence is the judgment of a court which states the person who has been injured could have taken actions that would never have resulted in the happening of the accident. In other words, the injured person has contributed to their injury. Contributory negligence does not exist on its own in the court, meaning it is an affirmative defense that comes into play only after the plaintiff brings charges on a defendant based on negligence.
What is contributory negligence
Contributory negligence states that both, the victim and the defendant are responsible for the accident. Therefore, it is an integral part of the whole personal injury case. Nowadays the jury decides the percentage involvement of the plaintiff in the accident. For example, if the victim has shown 10% of negligence and the defendant have shown 90%, then the plaintiff can get 90% of his or her damages. However, this law has been improvised over the years because in the past, if the plaintiff has even a tiny bit of fault in the occurrence of an accident, then he or she can’t even recover a penny for their damages.
Some points to consider when filing a personal injury case:
It is very important to know your negligence in the happening of the accident. Personal injury attorney LA has well-experienced attorneys who can help you in determining whether you are responsible for your damages or not. In Louisiana, several such cases get filed on a monthly basis. You can read more about the comparative fault in Louisiana and how it affects plaintiffover the internet. Most people relate personal injury case only with a motor vehicle. However this is not true. Personal injury claim covers all kinds of accidents that happen due to the negligence of the third party. Even dog bites can be taken in a personal injury claim. Personal injury claim is very beneficial for the plaintiff, and the contributory fault law is beneficial for the defendant in some cases.
Leave A Reply