Negligence rules help govern how compensation is distributed in a personal injury lawsuit. Washington, D.C., does not follow a comparative negligence model. Instead, it subscribes to the strict contributory negligence rule. That means a person who played any part in causing the accident that harmed them cannot recover compensation.
How can contributory negligence impact a personal injury lawsuit and your ability to recover maximum compensation for your injuries after an accident? At Marks & Harrison, we want to help you understand the Washington, D.C. contributory negligence rule and how it can play a role in determining how much compensation you can recover from a personal injury lawsuit.
What Is the Difference Between Contributory Negligence and Comparative Negligence?
Two distinct systems govern a person’s ability to recover compensation from a personal injury lawsuit. Different states subscribe to different systems, either a contributory negligence system or a form of comparative negligence model.
Washington, D.C., follows a contributory negligence system. Under this rule, if an individual is responsible for causing an accident, they cannot recover compensation for their financial losses. For example, if the court determines an accident victim is even one percent responsible for an accident, they are barred from recovering any compensation for their medical expenses and other losses.
The contributory negligence system is often considered the harshest of negligence models.
Comparative negligence regulations are different. There are two different subcategories of comparative negligence: pure comparative negligence and modified comparative negligence. In a pure comparative negligence system, an individual can recover compensation for their financial losses no matter what percentage of fault they bear for causing an accident. In a modified comparative negligence system, an individual can recover compensation as long as their percentage of fault does not exceed 50 or 51 percent, depending on the state.
However, in comparative fault states, an individual’s compensation is directly tied to their level of fault for causing the accident. If an individual is 15 percent to blame for causing the accident, their compensation is diminished by 15 percent.
Negligence regulations only bind court decisions. However, these rules guide insurers when they’re determining a claim’s value.
Are There Exceptions to the Contributory Negligence Rule in Washington, D.C.
In Washington, D.C., there are exceptions to the strict contributory negligence rule. These exceptions typically apply to accident victims deemed “vulnerable users.” Vulnerable users are those injured when using bicycles, electric mobility devices, dirt bikes, skateboards, and all-terrain vehicles. These individuals may be able to seek compensation for their injuries under the less stringent comparative negligence rule as long as they are not more than 50 percent responsible for causing the accident.
It is always best to consult an experienced personal injury attorney who can evaluate the unique aspects of your case to get a better idea of what rules apply to your situation.
How Do I Prove the Other Person Is to Blame for the Accident That Caused My Injuries?
Evidence is vital to proving that the other person is to blame for causing an accident. However, recovering crucial evidence after an accident can be challenging without the help of a resourceful and knowledgeable personal injury attorney. Examples of evidence that can strengthen your personal injury case and prove the other person is responsible for causing the accident and your injuries can include:
- Police report
- Photographs and videos from the scene
- Witness statements
- Medical records
- Cellular phone records
- Video surveillance
A skilled attorney will know the best way to secure the evidence necessary to build a compelling claim for maximum financial compensation.
What Damages Might I Be Entitled to in a Washington, D.C. Personal Injury Case?
The value of a personal injury case varies depending on the circumstances of the accident and the severity of a person’s injuries. However, in many cases, an accident victim can seek compensation for the following:
- Medical expenses
- Future medical expenses or long-term care
- Lost wages, present and future
- Loss of earning capacity
- Property damage
- Loss of consortium
- Pain and suffering
An experienced personal injury attorney can assess your financial losses and make sure you leave no loss unclaimed.
What Is the Statute of Limitations for a Personal Injury Claim in Washington, D.C.?
You have limited time to file a personal injury lawsuit. Washington, D.C., gives accident victims three years from the accident date to file their lawsuit. Failing to file a lawsuit before this deadline expires means the court can dismiss your case. You lose leverage and may have little opportunity to recover the compensation you need to cover your losses.
Working with an attorney means you have someone on your side who can manage these strict legal deadlines so you don’t miss the opportunity to pursue the money you deserve.
How Can a Washington, D.C. Personal Injury Attorney Help My Case?
Discussing your situation with a skilled personal injury attorney can make a difference when recovering the money you deserve following an accident caused by someone else. A Washington, D.C., personal injury attorney can advocate for you, protecting your rights and helping you navigate the unique challenges of the legal process.
At Marks & Harrison, we do all the heavy lifting so you can focus on healing from your injuries. We’ll immediately investigate the cause of the accident and gather and preserve evidence critical to building a strong claim. We’ll also manage communication between you and the insurer, so you aren’t bothered at all hours by phone calls and peppered with questions about the incident. We’ll also calculate the value of your claim so we can aggressively negotiate for maximum compensation for your injuries. If necessary, we are also prepared to take your case to court to pursue the money you need.
Contact a Washington, D.C., Personal Injury Lawyer
Navigating Washington, D.C.’s complicated contributory negligence rules can be hard for the uninitiated. However, you don’t have to do it alone. Talk to a seasoned personal injury attorney with Marks & Harrison for help. For over 100 years, we’ve worked with people who were injured by the wrongdoing of others to recover maximum compensation for their financial losses. Our tenacious team is ready to fight for you.
Contact our Washington, D.C. office today to request a confidential legal consultation.
