When you’ve suffered an injury, it can be easy to point fingers. But, legally, placing the blame on one party can be a bit trickier than that. Many of our clients come to us with questions about the compensatory damages they will receive. We tell them that the end result is often dependent on whether your state follows contributory negligence or comparative negligence rules. Contributory and comparative negligence are systems designed to determine how much fault each party has in an accident. The amount of damages they are required to pay is a direct reflection of the amount of negligence they are proven guilty of.
Sounds confusing? Don’t worry, we’ll walk you through the entire process. We’ve compiled this guide on the differences between contributory negligence vs comparative negligence, and how that may affect your case. We’ll cover the main factors to consider and the important terms to know before pursuing legal action for your injuries.
What Is Negligence?
Negligence is a legal concept that is both simple to define, and complex in the way we execute it. At its core, negligence is defined as a failure on one party’s side to act with the care that would be expected of them. Sounds simple, right? The truth is that there are several steps that need to be followed in order for negligence to be determined.
Duty Of Care
It’s easy to recognize negligence when there’s an easily identifiable power structure, such as employer vs. employee, where one is required by law to provide safe working conditions. However, did you know that the law also recognizes negligence by people who are strangers to you?
Duty of care is the phrase used to refer to the obligation owed – either contractually or through societal norms – to provide reasonable safety measures and care to another person. In a lawsuit, your attorney will have to have to prove that the defendant owed you a duty of care. Once that is established, the rest of the case can proceed.
Breach of Duty of Care
Once duty of care is established, an attorney must prove that it has been breached. A breach of duty of care can come in a wide range of forms, including:
- Unsafe working environments (i.e. slips and falls, broken machinery, failure to provide proper safety equipment)
- Drivers not adhering to the rules of the road
- Failure to maintain personal property, resulting in hazardous conditions for visitors
- Dog bites and attacks
- Manufacturing defective products
Causation of Injuries
Once it has been established that there has been a breach of duty of care, your legal team will likely begin to tally up the injuries, both physical and mental, that you have incurred. They will then have to prove these injuries are the direct cause of the negligent actions of the defendant.
One thing to note is that, during the legal process, it is necessary to provide evidence that your injuries are a direct cause of the breach of duty of care, and not from other extenuating circumstances.
Determining Damages
Damages are a term used to refer to the dollar amount that is deemed fair compensation for your injuries. Once your legal team has made a case that your injuries were caused by a breach of duty of care, they will present the court information about the expenses that your injury has caused. This can include medical bills, physical therapy, and loss of work. These expenses will be used to determine the damages you deserve to receive.
Comparative vs. Contributory Negligence: What’s The Difference?
When it comes to negligence, each state has different rules and regulations. Because of this, there are two main types of negligence: contributory negligence and comparative negligence. Depending on which doctrine your state follows, the amount of damages you receive can be affected.
Understanding Comparative Negligence
Comparative negligence is the doctrine that most states follow. Under comparative negligence, plaintiffs can still receive damages, even if they were partially at fault for the accident. The amount that you ultimately receive will be proportionate to the percentage of fault that you hold.
To really understand how comparative negligence works, it’s important to understand the different types that your state may follow.
- Pure Comparative Negligence – Under pure comparative negligence rules, you can still collect a percentage of damages, even if you are mostly at fault. Comparative negligence is fairly cut and dry. Imagine, for example, that you are in a car accident. If the court determines that you are 40% at fault for any injury caused by the crash, the other driver involved will only be required to pay 60% of the recovery amount.
- Modified Comparative Negligence – When states use modified comparative negligence, they put a cap on the amount of fault the plaintiff can hold and still collect damages. That means that if the cap is set at 50%, and you are found to be even 51% at fault for an accident, you may be unable to collect any damages. However, if your fault is found to be less than 50%, you will receive a proportionate amount of compensation.
Understanding Contributory Negligence
In comparison to comparative negligence, the rules of contributory negligence are much more strict. Under contributory negligence, plaintiffs who are found to have any fault at all are unable to collect damages from the party they are suing.
To put it simply, if you are, for example, in a car accident and you are found to hold even 1% of fault for the accident, you will receive no payment from the party that you are suing.
It’s worth noting though, that in spite of this all-or-nothing approach, contributory negligence does make room for a few key exceptions.
Last Clear Chance
Last clear chance doctrine is designed to help create clear boundaries under the rules of contributory negligence. Using last clear chance rules, defendants can avoid paying damages if they are able to prove that the plaintiff was reasonably able to avoid the outcome they caused.
Let’s say, for argument’s sake, that you parked your car on the side of the road where it shouldn’t be. While parked there, a driver going above the speed limit hit your car. While it is easy enough for your team of attorneys to prove that the defendant was negligent, their defense will use last clear chance doctrine to argue that you, as the plaintiff, also had an opportunity to avoid the collision. In a case like this, you may not be able to recover damages, even though you only hold a small percentage of the fault.
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How Contributory & Comparative Negligence Affects You
Understanding what comparative and contributory negligence is all well and good. But how do you determine how it will affect your lawsuit? That’s what we’re here to help with.
At Wettermark Keith, we’re here to help you with every aspect of your personal injury lawsuit, including understanding all of the nitty-gritty details. If you’re looking to file a personal injury lawsuit, your case will be subject to the rules of contributory and comparative negligence of the state where the accident was located. With locations in three different states, our attorneys work with a wide range of different laws. Here’s how negligence laws apply in our service areas.
Alabama – Contributory Negligence
If you’re filing a personal injury lawsuit in Alabama, it’s important to understand that the state follows contributory negligence rules. Remember that under these rules, if you are found to be even partially at fault for the accident—no matter how small your level of responsibility—you may be barred from recovering any compensation for your injuries.
This can make filing a personal injury claim in Alabama particularly challenging. It’s crucial to present a strong case that demonstrates you had no role in causing the accident. Consulting with an experienced personal injury attorney can help ensure your rights are protected.
Tennessee – Modified Comparative Negligence
Tennessee, on the other hand, follows a modified comparative negligence system, which differs significantly from Alabama’s approach. This can make it easier for you to recover compensation, regardless of the fault you hold. While this system is considered more lenient than contributory negligence, remember that your fault still has to be calculated at 50% or less in order to receive any compensation.
Florida – Modified Comparative Negligence
Florida historically followed a pure comparative negligence system, which allowed individuals to recover damages even if they were primarily at fault for an accident. Under this framework, an injured party’s compensation was reduced by their percentage of fault, but there was no limit on how much fault they could bear and still receive compensation. However, in 2023, Florida transitioned to a modified comparative negligence system which limits compensation for people who are at fault for more than 50% of the accident. It’s important to note that this change excludes medical malpractice cases, which continue to follow different liability rules.
Attorneys That Care About Your Well-Being
If you’ve been injured, you don’t have to shoulder the weight of your medical bills and loss of income on your own. Wettermark Keith is one of the top-rated personal injury firms in the country, serving Florida, Alabama and Tennessee. We’re well versed in personal injury cases both large and small, and are dedicated to helping our clients get the financial support that they deserve.
Contact us today to schedule a consultation with our team. All of our consultations are 100% free – we don’t get paid until you do!
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