If you’re considering filing a personal injury claim or lawsuit after suffering injuries in an accident caused by another person, you have to prove who is legally responsible. Doing it all on your own is difficult and you do need the services of a lawyer.
Here are 4 commonly asked questions about liability or legal responsibility:
How do I prove who is legally at-fault or responsible for my accident? If you’re making your case with an insurer out of court, you’ll be negotiating informally with an adjuster via e-mails, letters, and telephone calls. Consequently, you won’t be required to provide perfect proof. All you need to do is make a reasonable argument that the other party involved was careless or negligent. If your argument is good enough, the adjuster will probably agree to a settlement rather than risk losing considerably more in the courtroom.
Will I be entitled to compensation even if I’m partially at fault? You may still be able to recover damages from any other party that was partially responsible for the accident through their own negligence, as per a personal injury lawyer in Delano. The amount of their responsibility will be determined by comparing it with yours. For example, if they were 75% responsible and you were 25% responsible, they (or their insurer) will have to pay you 75% of the total compensation. This is commonly referred to as “comparative negligence.”
If the accident occurred and/or made my injuries more severe due to my physical limitations, can I still be compensated for the harm that was done to me? Maybe you fell on a broken staircase or have a knee condition that adversely affects one of your legs and your ability to walk properly. Or maybe your eyesight isn’t that strong, even if you wear glasses. Would you still be entitled to compensation? Yes, you would. Every individual has the legal right to live their lives daily without having to fear that they could be in danger.
What is negligence? The legal term for any type of careless act or conduct that either causes or directly contributes to an accident is commonly referred to as “negligence.” For example, if you fail to stop at a red light or stop sign and get hit by another vehicle as a result, you were negligent and will be legally responsible for the accident as well as any injuries that other parties may have suffered. Most courts will consider a person negligent if they owed others a duty of care and failed to act with reasonable care. Allow your lawyer to handle it all with ease.