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 questions about your legal options, please call our office today for a free initial consultation. We have been helping people and families in New Jersey obtain justice and to recover full compensation in cases of personal injury or deadly accidents. Celebrating 30 years of service to the community.
HINT: “Comparative negligence approach” weighs each party’s negligence when determining damages.
Personal Injury Information Center
Personal Injury Practice Areas
- Auto Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle & Pedestrian Accidents
- Unsafe Property Accidents
- Dog Bite Injuries
- Injuries Resulting from Inadequate Security
- Work Site Accidents
- Nursing Home Abuse
- Medical Malpractice
- Injuries Caused by Defective Products
- Fatal Accidents
- Serious & Catastrophic Injuries
- Brain Injuries
- Neck & Back Injuries