Contributory negligence is an out-dated, unfair law left over from the 19th century. Sadly, if you’ve been hurt in North Carolina, this law may block your recovery.
This ridiculous law says that if you are at fault, AT ALL, for causing your injuries, you do not recover anything, AT ALL.
All but three other states have abolished contributory negligence in favor of comparative negligence. This is true of the rest for the world that follows English Common Law as well. Even in foreign jurisdictions where contributory negligence is still recognized, it basically functions as comparative negligence.
Under comparative negligence, if you are at fault, then your recovery may be reduced by a percentage, but you can still recover for your injuries and damages.
North Carolina also recognizes the doctrine of Last Clear Chance, which looks to see which party had the actual last chance to avoid an accident or injury. This doctrine, if applicable, can defeat contributory negligence completely.
Many adjusters will attempt to apply contributory negligence were it does not apply, and most adjusters from other states simply do not understand that law at all.
If you’re faced with an adjuster claiming that contributory negligence means you can’t recover for your injuries, contact us by clicking here or calling 919-348-4361. Sometimes, sadly, that law still applies, but often it doesn’t, or it can be defeated. We’ll give you an honest, free, no-risk evaluation of your claim, and we’ll only take the case if we think you can do better with us than with us.
