Frequently Asked Questions Regarding Fault In A Personal Injury Accident
Personal injury lawyers know that personal injury accidents are all-too-common occurrences. They know that the people involved in these types of accidents and file claims need to know and understand that identifying the responsible party and proving his or her guilt is vital in receiving a settlement. They are asked a variety of questions from their clients for this reason. Some of the more frequently asked ones are discussed below:
How Do I Legally Prove Who the Faulty Party Was?
Personal injury lawyers know that their clients will likely be dealing with an insurance company. The negotiations will be informal and the clients don’t need to ‘prove’ anything. They simply need to reasonably argue in plain English that is clear and easy to understand that the other party was at fault. Insurance adjusters tend to pay the requested settlement amount if they see that the case would likely win in court.
Can I Still Win A Settlement If I Am Found Partly at Fault?
Personal injury lawyers know that the answer to this question is, “YES!” Just keep in mind that your settlement amount will be reduced by the percentage to which you were at fault. For example, if you were 25% at fault, your settlement amount will be reduced by 25%. The comparative negligence rule applies in this instance. If you live in a contributory negligence state, you may not get a settlement at all if your share of the fault was more than 50%.
Can I Get A Settlement Even If I Had Pre-Existing Injuries That the Accident Worsened?
Your personal injury lawyer in Lakewood will tell you that you indeed can. This is because you sustained injuries in a personal injury accident. The fact that you already had injuries is completely irrelevant.
What Is Negligence?
A person acts negligently when he or she fails to use a certain standard or duty of care when acting towards others. An example of negligence would be distracted driving that leads to someone running a red light and getting into a head-on collision as a result. Negligence also applies when a person doesn’t use the same standard or duty of care that a reasonable person in the same situation would. A good example is failure to follow up with a person who has just had an emergency c-section and has a fatal heart condition. Negligence also occurs when someone acts in a reckless or careless manner and harms you in the process. A good example of this would be drunk driving.
You’ve won more half of the battle, if you know the answers to these questions. Indeed, winning a settlement for your personal injury claim or case is much easier if you know and understand the answers to these frequently asked questions.