Let’s face it. Accidents happen, and nobody’s perfect. However, when something unexpected occurs that leads to distress and financial ramifications, it’s only fair that the party who caused the situation take responsibility. Unfortunately, all too often they don’t. If you or a loved one have been involved in an accident such as a car crash or slip-and-fall, you have likely suffered in a variety of ways. Time is often taken off of work, and medical bills start to build up. In order to receive the compensation you so desperately need, it’s necessary to prove fault.
Determining Liability
When an accident occurs, there typically is a party who is primarily, if not completely, responsible. When it comes to proving which person this is, the courts will analyze the evidence to determine who they deem to be the one who was the least careful. It’ll be up to you to prove to the judge that you acted as a reasonable person would give the circumstances.
Increased Chances for Compensation When Multiple Parties Involved
Not every circumstance is the same, and there are often cases in which there are multiple people responsible for an accident. For example, if someone is injured on the road and more than one driver was negligent, this can be presented in court. If a viable case is made, the plaintiff is not only able to collect compensation from each responsible party, but they can also choose from whom they collect from.
Understanding the Concept of Comparative Negligence
In some cases, an injured party seeking compensation could have taken actions that would have prevented an accident. Especially in the case of traffic accidents, it can oftentimes be difficult to assign full blame to one party or another. In this case, the courts use comparative negligence. This means they compare the level of responsibility based on the evidence, and they assign percentages to each party representing their level of contribution to the accident. These numbers are also used to reduce a number of awards granted.
Laws Vary by State
In a comparative negligence case, the final outcome is highly dependent on the state in which it’s taking place. There are three main methods employed for determining compensation including:
- Allowing all parties the chance to receive compensation regardless of the level of responsibility they had in the accident
- Preventing parties who contributed more than half of the responsibility for an accident from receiving compensation
- Preventing a party from receiving any type of compensation if they contributed to the accident even in the slightest manner
Liability Intricacies
There are a few key things that must be taken into consideration as the courts make difficult liability determinations as every case is unique. For starters, there must have originally been a duty existing between all parties involved. Some of the intricacies that are often encountered include:
- Accidents that take place while the responsible party is on the clock with their employer. In these cases, the employer can be deemed partly responsible.
- Injuries that occur on the improperly maintained property. Property owners can be held responsible even if they weren’t directly involved in the accident.
- Injuries that occur as a direct result of an unsafe product. It’s the duty of the manufacturer to ensure safety and work out problems before introducing their products to the public.
Reclaiming Your Life
An accident can significantly impact your life. In just a few short seconds, the days, months, and even years ahead can be negatively determined. During the time following a serious accident, your stress levels will be high as you try to put the pieces of your life back together, and an experienced attorney can prove to be your best friend. Not only do they take care of the confusing paperwork and deadlines associated with receiving just compensation, but they also free up your time to take care of important responsibilities.
There is life after an accident, and proving fault is a task that best ensures you receive the compensation necessary to get back on the right track. Schedule a free consultation today.
