After a devastating accident, your first thought most likely won’t be, “Who caused it?” You’ll probably be more concerned about the severity of your injuries and how long the recovery process will take. But when you’re dealing with a car accident, slip-and-fall, or other injury, fault directly affects your ability to recover damages.
North Carolina employs a comparative negligence system to allocate fault and determine compensation for personal injury claims. Navigating this system can be complex, but a personal injury lawyer from The Downer Law Firm can provide the guidance and clarity you need to understand how this type of system may affect your compensation in a shared fault injury claim in NC.
By definition, comparative negligence is the legal evaluation that allocates blame when more than one person is responsible for an accident. Under this system, if you are partly responsible for the accident, your damages may be reduced according to your percentage of fault. There are three types of comparative negligence: pure, modified, and contributory.
Pure comparative negligence states that as long as a victim is less than 100% at fault for the accident, they can still receive damages. For example, if found to be 99% responsible, they will receive 1% of the total compensation that would’ve been awarded.
Modified comparative negligence means that if the victim is found to be 50% or more at fault, they will not receive any compensation. If their responsibility is less than half, they will receive damages reduced by their assigned percentage of fault. For example, if found 30% responsible for the accident with compensation totaling $300,000, they will receive $210,000 (30% less than the total).
Contributory negligence means that if a victim is found to be even remotely responsible for the accident, they cannot recover any compensation. North Carolina is one of the few states that follows this type of negligence law under General Statute § 1-139. However, there may be exceptions to contributory negligence laws in NC depending on:
Because North Carolina has used both the modified comparative negligence and contributory negligence rules to deny victims total compensation, building a strong case becomes even more critical. To prove that you were not at fault for the accident, your attorney will work to establish:
Duty of care refers to the idea that each person should exercise reasonable care and caution when interacting with others to prevent harm to themselves or others. A breach of duty of care establishes that someone, in this case, the person who caused your accident, failed to do so. Causation determines that, because they did not exercise enough caution, an accident occurred. This results in damages being awarded that cover suffered injuries and financial hardships directly resulting from the accident, such as medical bills, lost wages, and vehicle repairs.
The statute of limitations, or the legal deadline by which claims must be filed to be considered, is another important factor that can affect the amount of damages awarded. If your claim is filed after this deadline has passed, it will most likely be rejected, meaning you won’t receive any compensation. In NC, most personal injury and fault cases must be filed within three years from the date of the accident. However, there are exceptions to this rule.
While we can’t turn back the clock to prevent your injury-causing accident, we can do our best to make sure you get the payout you deserve for what you’ve gone through. An attorney from The Downer Law Firm will fight to secure compensation for you, which may include economic, non-economic, and punitive damages.
Cases involving comparative negligence in NC can be settled through negotiation or in court. The chosen method depends on the specific details of the case, including the degree of negligence and the parties’ willingness to settle. No matter how your case proceeds, The Downer Law Firm is prepared to fight for you.
Since 1977, we’ve been helping personal injury accident victims recover the compensation they deserve. Our experienced team of attorneys, with a proven track record of success, can assist you with your case, whether it involves a car accident, workplace equipment malfunction, or another incident that has caused it. We’re ready to defend you through open communication, top-notch investigation, and fierce advocacy.
Contact us today to schedule a free consultation and take the first step towards securing the compensation you deserve.
