Understanding Contributory Negligence in North Carolina Wrongful Death Cases

Losing a loved one is a devastating experience that leaves families with many questions and concerns. If the death was caused by someone else’s actions, it can be especially difficult to know where to turn for help. During such a challenging time, you may find yourself unsure about what legal steps to take, and you may be worried about whether or not you have a case. At Phillips & McCrea, PLLC, we understand the emotional toll that losing someone in a wrongful death incident can have on your family. You do not have to navigate this complicated process alone. We are here to guide you through each step of your wrongful death case and help you achieve a favorable outcome, even when the law may seem difficult to understand.

Contributory negligence is one of the most important concepts to understand when dealing with a wrongful death claim in North Carolina. It can determine whether or not you are entitled to compensation. In this blog, we will explain what contributory negligence is, how it can affect your case, and how we can help you seek justice for the loss of your loved one.

What is Contributory Negligence?

Contributory negligence is a legal principle that plays a significant role in personal injury and wrongful death cases in North Carolina. Under this law, if the deceased person contributed to their own death in any way, even by a small degree, it can bar the family from receiving any compensation from the responsible party. This means that if the deceased person was found to be even slightly at fault for the accident that led to their death, the family may not be able to recover damages.

For example, imagine a car accident where the victim was not wearing their seatbelt. If the other driver was speeding and caused the accident, but the victim’s failure to wear a seatbelt contributed to the severity of the injuries, the victim’s family may be prevented from receiving compensation due to contributory negligence. Even if the other party was primarily at fault, the court may find that the victim’s own actions played a role in their death, which can severely impact the ability to file a successful claim.

Michael Phillips

Attorney

Marcel McCrea

Attorney

Natalie Andruczyk

Attorney

How Does Contributory Negligence Impact Wrongful Death Cases?

Understanding how contributory negligence impacts wrongful death cases in North Carolina is crucial for anyone who has recently lost a loved one due to someone else’s carelessness. Unlike many other states that follow a comparative negligence rule, North Carolina is one of the few states that still upholds the contributory negligence doctrine. This means that if the deceased person is found to be even 1% at fault for the accident, their family may be barred from recovery.

This can be extremely frustrating for families who are seeking justice after a tragic loss. In some situations, the fault may not be clear-cut, and there may be questions about whether the deceased person was in any way responsible for their own death. In these cases, it is essential to have a knowledgeable attorney by your side who can carefully examine all the details of the case and determine the best way forward.

In wrongful death cases involving contributory negligence, the defendant will often argue that the victim contributed to the incident. This is why it is vital to have a skilled lawyer who understands how to present a case and protect the family’s rights. Our team at Phillips & McCrea, PLLC is experienced in handling wrongful death claims and is ready to fight for the compensation you deserve, no matter how complicated the case may seem.

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How Do Courts Determine Contributory Negligence?

When determining whether contributory negligence applies in a wrongful death case, courts will look at several factors. These include the actions of the deceased person before the accident, the actions of the defendant, and any other contributing factors that may have played a role in the death. For example, if the victim was intoxicated at the time of the accident or engaged in reckless behavior, this could be seen as contributory negligence.

However, contributory negligence does not automatically apply in every case. Courts will examine the evidence and determine if the deceased person’s actions were a direct cause of the accident or whether the defendant’s actions were primarily responsible for the fatal incident. If it is found that the defendant’s actions were the main cause of the death, the court may still award damages, despite the victim’s potential contributory negligence.

It is important to understand that proving contributory negligence is not always straightforward. The burden of proof lies with the defendant, and they must show that the deceased person’s actions were directly linked to the cause of death. This is why having an attorney who can effectively challenge this claim is essential to achieving a successful outcome.

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Can Contributory Negligence Be Overcome in a Wrongful Death Case?

While North Carolina’s contributory negligence rule is strict, it is not always impossible to overcome. In some cases, it may be possible to argue that the defendant’s actions were so negligent or reckless that they should bear full responsibility for the death, even if the deceased person’s actions played a small role in the incident.

For example, in a car accident where the other driver was texting while driving and caused the crash, the victim’s actions—such as not wearing a seatbelt—may be seen as a minor factor in the severity of the injuries, but the defendant’s actions would still be the main cause of the accident. In such cases, a strong legal argument can be made that the defendant should be held fully accountable for their actions.

Our team at Phillips & McCrea, PLLC is well-versed in handling cases where contributory negligence may be a factor. We will carefully review the evidence, explore all possible legal avenues, and work tirelessly to ensure that you receive the compensation you deserve.

If you are dealing with the loss of a loved one due to a wrongful death, we understand how difficult and overwhelming this time can be. The added complexity of contributory negligence laws in North Carolina may make you feel even more confused and unsure about how to proceed. At Phillips & McCrea, PLLC, we are here to provide you with the support and guidance you need during this challenging period.

Our team is dedicated to helping families navigate the complexities of wrongful death cases, including those that involve contributory negligence. We will thoroughly investigate the details of your case, gather all relevant evidence, and fight for your right to compensation. Our goal is to ensure that justice is served and that your family can find peace of mind during a difficult time.

If you are concerned about contributory negligence or any other aspect of your wrongful death case, we invite you to contact Phillips & McCrea, PLLC today. We are here to help you understand your rights and guide you through the legal process to achieve the best possible outcome for your family. Let us handle the legal details while you focus on healing.

To learn more about this subject click here: Understanding Wrongful Death Cases Involving Nursing Home Abuse in North Carolina