Would-be plaintiffs in personal injury cases who point to the negligence of others as the cause of their injury might want to examine their own behavior before they initiate legal action. The notion of liability revolves around the simple fact that most accidents happen because someone was careless or negligent. To this carelessness the law applies the basic rule that the person who is less careful than the other involved in an accident must pay damages. However, even careless individuals may not necessarily be liable to someone injured by their carelessness. The concept of “contributory negligence,” which refers to conduct that creates an unreasonable risk to oneself, may be used as a defense to a negligence claim.
If you have been sued for negligence but believe the plaintiff is at least partially at fault, you may be able to file a counterclaim for contributory negligence. Consider having a personal injury attorney review the merits of your claim, at absolutely no cost or obligation. If you have a legal concern, please call my office at (732) 222-8800 to schedule a consultation to review the details of your case. I emphasize bankruptcy, wills and estate management, real estate, and family law. My office is located at 1141 Lincoln Square in Long Branch.
HINT: “Comparative negligence approach” weighs each party’s negligence when determining damages.