How does the contributory negligence rule in North Carolina and Virginia compare to comparative negligence in other states?

Answered at 11:39 in Lessons from 40 Years in Law: Trial Preparedness, Client Trust, and Firm Growth · The Managing Partners Podcast: Law Firm Business Podcast

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How does the contributory negligence rule in North Carolina and Virginia compare to comparative negligence in other states?

Contributory negligence in North Carolina, Virginia, and two other states bars recovery entirely if the plaintiff is found to have any negligence that contributes to the accident, whereas most states have comparative negligence where a plaintiff who is 20 percent at fault can still recover 80 percent of their damages. Macari described contributory negligence as a terribly harsh rule and stated that he and other trial lawyers associations try every year to get legislatures to change it because it is unfair and the first thing insurance adjusters use to argue against clients.

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In short

Contributory negligence in North Carolina, Virginia, and two other states bars recovery entirely if the plaintiff is found to have any negligence that contributes to the accident, whereas most states have comparative negligence where a plaintiff who is 20 p…

Don Macari, Founder and Managing Partner at Macari Law Firm · Lessons from 40 Years in Law: Trial Preparedness, Client Trust, and Firm Growth · The Managing Partners Podcast: Law Firm Business Podcast · answer at 11:39

Quote to remember

“You still have to be able to personally connect with your client, and you've got to know the law, you've got to know the facts, and you've got to understand where they're coming from.”

— Don Macari

The full answer · about 2 min

Contributory negligence in North Carolina, Virginia, and two other states bars recovery entirely if the plaintiff is found to have any negligence that contributes to the accident, whereas most states have comparative negligence where a plaintiff who is 20 percent at fault can still recover 80 percent of their damages. Macari described contributory negligence as a terribly harsh rule and stated that he and other trial lawyers associations try every year to get legislatures to change it because it is unfair and the first thing insurance adjusters use to argue against clients.

Key facts

  • Don Macari has been practicing law for 41 years
  • Over 200 jury trials conducted throughout his career
  • Founded his personal injury firm in 2000 with 12 other people
  • Firm has grown from 13 people to over 100 people
  • Entering 26th year as a firm (as of the episode)

People, companies and topics mentioned

United States Navy JAG CorpsGuantanamo Bay Naval BaseMacari Law FirmTidewater (Virginia)North CarolinaCamp LejeuneVirginia Trial Lawyers AssociationNorth Carolina Academy of Justice

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