Types of Negligence Systems
In personal injury cases, negligence is most often cited as the cause for a lawsuit. Gross negligence, in general, means that an individual failed to exercise the level of care that a reasonable person would exercise in a given situation to ensure another person’s wellbeing.
This general overview of negligence is used to form the two systems of negligence that courts across the country use. Different states implement different systems of negligence, so what may be considered negligent in one area of the country may not be considered negligent in another part of the country.
Contributory Negligence
One system of negligence is contributory negligence. This form of negligence requires that the person who sues for negligence does not, in any way, have fault in the case. States that use this system of negligence are:
- Alabama
- Maryland
- North Carolina
- Virginia
- Washington, D.C.
If the person is found to have even a small amount of fault in the case, he or she is not eligible to receive financial compensation for his or her injuries.
Comparative Negligence
The other form of negligence is comparative negligence. In states with comparative negligence systems, the court will determine the percent of fault of each party involved. For example, the court may find that the accuser was 10 percent at fault and the defendant was 90 percent at fault.
When the court determines the levels of fault, then the accuser may be awarded damages equal to whatever percent that the defendant was at fault. For example, if an accident caused $100 in damage and the defendant was 90 percent at fault, then the defendant will be ordered to pay $90.
Contact Us
Colorado is a comparative negligence state, so you may win financial compensation even if you were partially responsible for the injuries you suffered in an accident. Please contact the Denver personal injury lawyers of Hull & Zimmerman, P.C., at (303) 423-1770 for more information.
