The party that has been found responsible for causing a given accident becomes liable for the resulting damages. How can the at-fault party be determined?
Fault indicates evidence of negligence
Negligence describes conduct that demonstrates carelessness and negligent behavior.
A negligent person does not follow the rules. A negligent person has little of no regard for the safety of others.
Who could be held liable for damages, if the victim had been partly responsible for the damaging event?
Most states follow the principle of comparative negligence. According to that principle, the percent of the victim’s contribution to the factors that caused the accident should determine the degree of his or her liability. In other words, if a car were to hit someone that had been jaywalking, the jaywalker might be held 30% responsible for the accident; meanwhile the motorist might be held 70% responsible. Hence the injured jaywalker’ s compensation would be reduced by a portion that represented 30% of the full compensation.
The situation would be different in a state that adhered to the principle of contributory negligence. In that state the same jaywalker would not be able to win a single cent as compensation for his or her injuries. According to the doctrine of contributory negligence, anyone that has contributed to an accident’s causative factors has no right to seek any form of compensation.
Could a victim’s past injuries or a victim’s pre-existing medical condition cause a reduction in the size of an awarded compensation?
According to the law, all people have a right to seek freedom from danger. By the same token, no one should be forced to face an unnecessary danger. For that reason, an attorney could not use a victim’s past injuries or pre-existing condition as a reason for asking removal of a client’s responsibility for injuries.
Good legal counsel will help you in terms of calculating future and current medical bills. He or she will also help you get an accurate estimate for current and future lost wages, property damage, pain and suffering, and if you or other people were/are partially at fault.
Personal injury lawyer in Ottawa will also help you in other ways. Never accept any settlement without discussing it with a good personal injury lawyer first. Not doing so could have you eventually filing for bankruptcy. The other guy’s (or maybe your own) insurance company will try to make the first three offers lowballs for a variety of reasons.
You should wait until you’ve fully healed before accepting an offer. That way, you won’t have any unforeseen medical expenses that you may not be able to pay for yourself sneaking up on you. You’ll also understand what the full cost of your injuries, lost wages, and pain and suffering are.