People who are injured, will often file a personal injury claim to seek compensation for damages as a result of that injury. Contributory negligence laws however, bar an injured person from a claim if he or she is found to be partially responsible in his or her own injury.
Understanding Contributory Negligence Law
The law of contributory negligence portrays the behavior of the injured person in his or her accident. Conclusions are drawn, whether the injured person was at the slightest of faults that resulted in his or her injury. The theory put forward is that, the injured person should have acted as a responsible individual, even if some other person’s involvement led to the accident.
When an injured person files a personal injury claim, the negligent party may argue that the injured person was also at a fault. This is when a contributory negligence law comes into play. This can be stated as a contributory negligence counterclaim.
In this case, if the negligent party is able prove evidence in contributory negligence claim, the injured person may be completely barred from receiving any compensation amount.
The contributory negligence law is implemented in only a few number of states. In these states that have contributory negligence laws, even if the injured person is proved to be only marginally at fault, he or she is stilled barred from pursuing a personal injury claim.
Roles an Attorney Can Play
An efficient attorney can play different roles for the personal injury claim-seeking client. The attorney can assist the injured person to avail damages from the negligent party by:
- Coordinating with the insurer of the negligent party.
- Getting regular updates from doctors about the injuries suffered by his or her client and the consequences they may have.
- Maintaining all kinds of medical records and bills that may help in acquiring damages.
- Collecting evidence that may help to prove fault of the negligent party.
- Paving way for settlements that is acceptable to all parties involved.
Nonetheless, if you are injured in some kind of personal injury case, it can be incredibly helpful to retain the services of a personal injury attorney to fight your case for you.
