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Contributory Negligence Gatekeeping

November 30, 2015 in Personal Injury Articles | MARTIN WREN, P.C. | LEAVE A COMMENT

Many injury victims who come to Central Virginia lawyers for help do not really understand many of the major aspects of the law with respect to compensating those who have suffered injuries in accidents.

In addition to some of the common-sense issues found within a typical personal injury case, such as proving the existence of a hazard or negligence on the part of the defendant, there are also other issues, like the statute of limitations and other barriers that can present themselves in court.

One such barrier is the contributory negligence argument. Virginia state courts contemplate contributory negligence as a factor and, if it applies, a plaintiff’s case may be completely barred by the concept of contributory negligence.

Basic Contributory Negligence

The concept of ‘contributory negligence’ concerns the fact that, in some cases, the plaintiff (or injured victim) can also be found to be at fault for the accident, at least to some degree. For instance, if a person was not following signs or instructions at the time of the accident, the defendants can argue that the individual was to some degree responsible for his or her own actions which may have created exposure to danger. Contributory negligence can come up in a variety of cases.

Defendant Lawyers and Contributory Negligence

Defendants in a personal injury case may often try to mount a contributory negligence defense in order to deter or delay a personal injury settlement or payout, or even to win a case in Virginia courts. They will argue that the plaintiff was in some way or in some sense responsible and that contributory negligence applies. They may even attempt to get a local court to throw out a case entirely.

However, there are many mitigating factors that can play a role in a case. In some cases, even though the injured victim might have done something wrong or failed to respond to some directive, there were other details in the case that can make courts consider the injury as being eligible for compensation. In a sense, personal injury lawyers can help “knock down” bogus or frivolous contributory negligence claims.

This is why injury victims retain qualified and professional personal injury attorneys. They want to make sure they get the best chance at obtaining compensation and receiving fair and equitable treatment in court. They want to make sure they are protected from technicalities, as well as from aggressive defenses from a third-party defendant.

Personal injury lawyers can step in to look at the aftermath of an accident on behalf of their clients. These legal teams work hard for clients, considering how one or more factors led to an accident. They do this to ensure that their client’s voice is heard so someone does not lose out because of inadequate advocacy or counsel.

Virginia Injury Lawyers Can Help You — Give Us a Call

Do you need someone to explain the legal process?  Do you have questions about a personal injury case and want to speak with a Virginia personal injury attorney? Call MartinWren, P.C. today. We help Charlottesville families sort through the process of bringing a case and figuring out which legal options may work best for them. Let us fight for your rights in court.

Contact Our Virginia Lawyers

We serve clients throughout Virginia — from Charlottesville and Central Virginia to metropolitan Richmond; Harrisonburg and the Shenandoah Valley to Roanoke; and the cities of Hampton Roads to the Northern Virginia cities of  Fairfax, Alexandria and Arlington.

To speak with one of our attorneys, please call us at (434) 817-3100.

Our Virginia personal injury lawyers at MartinWren, P.C. also have a statewide practice and offer free consultations at a time and location that is convenient for you.  We will gladly meet with you at your home or at the hospital, even on nights and weekends.

To schedule a free consultation with a personal injury lawyer, please call us at (434) 817-3100.

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