Comparative vs. Contributory Negligence: What’s the Difference?

If you are involved in a personal injury lawsuit, you will likely be introduced to two concepts that you have never previously dealt with: comparative negligence and contributory negligence. These legal terms are relatively easy to understand but can have complex interactions with a personal injury claim. However, you don’t need to immediately search “comparative vs. contributory negligence: what’s the difference?” This brief explanation will explain everything you need to know about the concepts and how they might affect your personal injury claim.

Contributory Negligence

Every state uses different negligence rules when determining whether a plaintiff can get compensation from a personal injury lawsuit. Alabama uses contributory negligence. The type of negligence that applies to personal injury claims is defined by the Alabama Rules of Civil Procedures. According to this document, a defendant in a personal injury lawsuit may use contributory negligence as an affirmative defense. This means that the defendant can claim that even though they were partially responsible for the injuries you suffered, you were also partially responsible, and that fact negates any responsibility of the defendant.

That concept is the core of contributory negligence. Under most contributory negligence laws, if the defendant can prove that the plaintiff was even 1% responsible for the injuries they suffered, the plaintiff is barred from getting damages from the defendant. However, because this is an affirmative defense, the defendant can’t deny their responsibility. Furthermore, the onus to prove that the plaintiff was partially responsible is placed on the defendant.

While contributory negligence rules are quite harsh, they often come with some exceptions. For example, in some states, you can’t claim contributory negligence as an affirmative defense if you engaged in wanton behavior. Thus, if you acted with conscious disregard for the safety of others, the plaintiff can get damages from you even if they are partially responsible for their injuries. Additionally, plaintiffs under the age of 14 and with mental handicaps can be exempt from contributory negligence rules.

The law acknowledges that young children can’t be held responsible for contributing to their injuries and makes them immune to the contributory negligence defense when they are filing a lawsuit.

Comparative Negligence

Just because you live in Alabama, that doesn’t mean you will get injured only in Alabama. Suppose you visit relatives in another state or live near the state line and cross the border to go grocery shopping. If you are hurt due to the negligence of another party while out of state, you are subject to the laws of that state if you file a personal injury lawsuit. This is important because contributory negligence applies in only four states and the District of Columbia. In the other states, some variation of comparative negligence applies to personal injury lawsuits.

Were you seriously injured due to the negligence of another party? You may be eligible to get compensation, even if your actions were partially responsible for the injuries you suffered. To learn more about your rights, call Caldwell Wenzel & Asthana, PC at (251) 444-7000 today to schedule a consultation with experienced personal injury lawyers.

Under comparative negligence standards, you can get partial compensation from a jury award, even if you are partially responsible for the injuries you suffered. However, this rule is not without restrictions. If a jury finds you partially responsible for your injuries, you will not receive full compensation. Instead, your compensation will be reduced by an amount equal to the amount you were found responsible for.

Furthermore, there are two types of comparative negligence: pure and modified. The above only applies fully to a pure comparative model. Under a modified comparative negligence standard, you will be barred from getting any damages if you are more than 50 percent responsible for your injuries.

What This Means in Practice

Both comparative and contributory negligence standards apply to damages awarded at the end of a court case. Despite this limited context, they effectively apply to insurance settlements as well. An insurance company in a contributory negligence state like Alabama will typically refuse to give you any compensation if it can prove you were partially at fault. The insurance company knows that your only option if it denies your claim is to file a lawsuit. Since it can use contributory negligence as a defense in that lawsuit, the insurance company might agree to pay you a pittance to avoid legal costs, at most.

Conversely, in a comparative negligence state, the insurance company is usually on the hook even when you are partially responsible for your injuries. An insurance company can’t just deny your car accident claim, for example, and dare you to file a lawsuit. Too often, you will sue it and then it will pay damages and legal fees. Instead, insurance companies also apply these rules when determining settlement offers. Because it is difficult to prove the exact percentage of responsibility any party has in a personal injury claim, this often means that there is room to negotiate when determining the value of an insurance settlement in a comparative negligence state.

The most complicated claims are often those arising in modified comparative negligence states when the victim is close to 50% responsible for their injuries. If the insurance company can prove that the victim is more than 50% responsible, it won’t have to pay anything. However, if it can’t, it will need to pay roughly half the maximum value of the claim. That could be a difference of hundreds of thousands or even millions of dollars. An experienced lawyer makes a big difference in situations like this.

Contact Caldwell Wenzel & Asthana, PC Today

When you are partially responsible for your injuries, an insurance company can take advantage of that liability to deny or reduce your claim. An experienced personal injury lawyer may be able to help you get a fair settlement in this situation.

If you were injured in an accident and are concerned that the insurance company might deny or undervalue your claim due to negligence rules, contact our law firm at (251) 444-7000 immediately to schedule a free consultation.