You and your personal injury lawyer will need to prove who’s at fault in a personal injury accident. However, this is often easier said than done. This article will explain why.
How do you legally prove who was at fault for an accident?
Your personal injury lawyer will tell you that the two of you will likely be sitting down with the defendant and his or her legal team and negotiating with the defendant’s insurance company. The fact is that most (95%) of personal injury cases and claims don’t go to court. It’s because of that fact that you don’t have to provide lots of evidence that proves that the other party is negligent. All you have to do is reasonably argue that the other party was at fault. For example, if you were involved in a car accident, all you have to do is submit a police report and pictures of the accident scene. This is enough to prove that the other party is at fault.
Can I get a settlement even if I was partially at fault?
Personal injury lawyers in Barrie know that the answer to this question is, “yes!” however, your settlement will be reduced by the percentage of fault that you share. Thus, if you were entitled to a $1,000,000 settlement and your percentage of fault is 25%, your final settlement will be reduced by 25%. So, you’ll end up receiving $750,000 in settlement money.
You may be out of luck in a state that follows the contributory negligence rule. In these states, you can’t request a settlement if you were more than 50% at fault for the accident. Some states follow the pure contributory negligence rule. In these states, you can’t claim any amount of a settlement if you were even slightly at fault. Remember that your percentage of fault is an educated guess that is based on the facts and factors that you show the insurance adjuster. This is because there is no formula for determining the percentage of fault in a personal injury accident.
Can I get a settlement if I had pre-existing injuries that the personal injury accident worsened?
Your personal injury lawyer will tell you that you can indeed get a settlement in this instance. If the other party is found to be at fault, he or she must pay regardless of your physical condition at the time of the accident.
How is negligence defined?
If you act or behave in a careless manner and this causes injury or property damage to another person, you are guilty of negligence. You are required to act with a duty of care towards others. Negligent actions and behaviors breach that. A good example would be running a red light.
It’s not hard to establish negligence. As you can see, while sometimes complex, it’s not hard to establish negligence in a personal injury accident. This is especially the case if you have hired a good personal injury lawyer.