There are things that we cannot avoid to happen in this world. Accidents are common scenarios in our lives. It is also common to find out who is responsible for what happened or determine the person who will pay for the damages that sustained due to the accident.
How do I legally prove who was at fault for an accident?
This is a very interesting question. In most cases, you will be having an informal settlement with an insurance company. All you have to do is prove that the other party is at fault. Insurance companies usually don’t want the case to reach the courts of justice for fear of paying more than they should be paying you because of additional fees such as court costs and lawyer fees.
Getting Compensation for Injuries Even If Being Partly at Fault
If I’m party at fault, will I get compensation for my injuries during an accident? The rule of comparative negligence is used in this scenario. For example, if you committed 25% of negligence as the accident happened and the other party committed 75% of negligence, the insurance company of the other party must pay 75% of the damages incurred because of the accident. It means that you can still claim compensation if you’re partly at fault. However, you can’t claim compensation if your negligence contributed to the accident. This is referred to as a contributory negligence.
Can I get compensation for my injuries if my physical limitations made the accident more likely or made my injuries worse?
Yes. You can get compensation for injuries even if your physical limitations made the accident more likely or your injuries to become worse. You have a legal right to make your way through the world without unnecessary danger despite any physical limitation.
The Meaning of Negligence
Negligence is defined as the legal parlance for any careless behavior that causes, or contributes to, an accident. For instance, a person is negligent if he neglected to halt at a stop sign and, as a result, bump your car as you were coming through the intersection.
We are all expected to exercise prudence or reasonable wherever we go and whatever we do. It is an obligation that we should not take for granted. If a person has been found negligent during the accident, he should be held legally responsible for the injuries of another person. If a person behaves carelessly and that behavior causes you loss, you can most likely recover compensation for your damages.
For more legal advice contact @got.law