Comparative Negligence versus Contributory Negligence

personalinjurynashvilleaccidentIf you have been involved in a personal injury in Nashville and are planning on filing a claim or a lawsuit using an injury lawyer Nashville, there are several things you should be aware of. In this article we are going to focus on the difference between comparative negligence and contributory negligence.

Depending on what state you were in when you sustained the personal injury, you will be facing only one of these two types of negligence. Most states follow comparative negligence laws. Within this category there are two additional areas; pure comparative negligence and modified comparative negligence. Pure comparative negligence means that as long as you have any percentage of not being at fault, you can press charges and receive compensation for whatever percentage you are not liable for. For example, if you were three percent liable for the injury, you are entitled to 97 percent compensation. If you were 99 percent liable, you are entitled to one percent compensation. Modified negligence is practiced in some states. This is where the plaintiff is allowed to press charges if he is 50 percent or less liable for an injury. Some states declare that the plaintiff must be less than 50 percent in order to press charges. Comparative negligence laws offer a great springboard to build a defense from for defendants to reduce their liability.

The state of Tennessee uses the comparative negligence system for personal injury cases, which means that it is easier to get the justice you deserve. An injury lawyer Nashville will have an easier time with your case because of this system.

Contributory negligence law is practiced in a small handful of states and does not allow anyone at fault, no matter how small the degree, to press charges. Even being one percent liable bars you from filing a claim against anyone. This makes lawsuits scarce (at least compared to states that practice comparative negligence) for personal injury and more difficult to get any compensation for your injury.

In conclusion, if you are injured in a state that follows comparative injury laws, it is easier to press charges but the defendant has a useful tool for the defense. If you are injured in a state that follows contributory negligence, it is difficult to file a lawsuit but this also means that you are zero percent at fault, meaning it will be easier to get the compensation you deserve. The state of Tennessee falls under comparative negligence and thus it is easier for you to press charges.


Comparative Negligence versus Contributory Negligence — 1 Comment