What is the difference between contributory and comparative negligence?

You may be wondering if you can still recover monetary compensation for an injury that was caused by another party’s negligence if you are partly to blame for the cause of the accident. Ultimately, your ability to recover monetary compensation depends on which doctrine your state follows. To determine whether or not a victim can recover monetary compensation for their damages if they were partially to blame for the accident that caused their injuries, states use either the contributory negligence rule or the comparative negligence rule. Please read on and contact one of our adept Prince George’s County Personal Injury Attorneys who can help you understand which rule your state follows. This will help you understand how it could affect your ability to recover monetary compensation for your economic and noneconomic losses if you contributed to any capacity to the accident that led to your damages.

What makes contributory negligence different from comparative negligence in tort law?

Essentially, the legal concepts of contributory negligence and comparative negligence are used in tort law to determine whether a victim can recover monetary compensation for their damages if they were partly to blame for the cause of the accident that caused their injuries. In the U.S. there are only five jurisdictions that continue to use the contributory negligence rule. Maryland is one of the only states that still follow the contributory negligence rule. However, most states follow the comparative negligence rule.

Contributory negligence rule

As mentioned above, Maryland follows the contributory negligence rule. This means if you were injured in Maryland as a result of another party’s negligent actions and you are in some capacity at fault for the cause of the accident, you cannot recover monetary compensation. Essentially, if you are partly to blame for the cause of the accident that caused your damages, you are barred from recovering monetary compensation. For instance, if a negligent party is 99% responsible and you are even just 1% responsible, you are not permitted to recover monetary compensation for your damages.

Comparative negligence rule

If you are injured due to another party’s negligent actions and you are in some capacity at fault for the cause of the accident, you are still allowed to recover monetary compensation for your damages. Unlike the contributory negligence rule, the comparative negligence rule still allows you to recover compensation regardless of whether you contributed to the cause of the accident. However, you can only recover a certain amount if you were partially at fault. Essentially, your award is reduced by your degree of fault in the accident. For instance, if you were 50% responsible, the amount you can recover is reduced by 50%.

In the unfortunate event that you or someone you love has been injured due to another party’s negligence and you are partially at fault for the cause of the accident, get in touch with one of our trusted and determined attorneys. Our firm is committed to helping our clients understand their legal options. Allow our firm to help you seek the justice you deserve.