Contributory Negligence – How Does It Affect Your Personal Injury Claim?
Contributory negligence is a defense that the defendants use in tort actions. In essence, if the plaintiff is found to have contributed in any way to the injuries he or she suffered, plaintiff is barred from recovering anything. For example, if a person is rear-ended and yet a jury finds that he or she was still 1% at fault for the accident, no recovery may be made. How does this affect you? Insurance companies try from the moment you give a recorded statement to make a case that somehow you contributed to the accident, and under the contributory negligence laws in North Carolina, you should be barred from any recovery. Recently someone said to us, “I just don’t like the idea of being in a lawsuit, but this insurance adjuster is making this very difficult”. The truth is the adjuster starts treating your case like a lawsuit the moment the claim is opened.
The Law Office of D. Hardison Wood understands just how the opposing side makes a case for contributory negligence. From the moment we take on a case, we start preparing the file as though it will have to be litigated. That does not mean every case must be litigated, it merely means that we make sure we are always prepared. We do not shy away from the other side who claims contributory negligence; we just make them prove it.