How To Determine Fault In A Personal Injury Claim - What You Should Know?


A great number of people face a predicament in their lives when they have to file a personal injury claim. What most don't realize is that they have to be able to prove that the other party is 100% liable for all injuries sustained in the incident. While most people think that the fault is all on the other person, if there is even a fraction of a percentage of the fault that is placed on the person filing the claim, they may be required to pay part of the damages.

No matter what happens in an accident situation, it happens because someone was negligent or at fault for the accident. Whoever that person is will be required to pay the damages for the accident to the injured person or persons. Whenever an accident occurs, people need to make sure that they have witnesses who can recount the accident as well as a detailed understanding of what actually happened for their own testimony or personal injury claim. By knowing who is at fault, you can determine the liability and whether or not you have a solid personal injury case.

For example, if a driver attempts to make a left turn and hits a pedestrian who has the right-of-way, that driver is at fault. If the driver hits a pedestrian who is crossing against the signal or jaywalking, the pedestrian has some fault in the accident, as well. If you fall in a public building because of a wet floor that was more than capable of being cleaned up, it is the fault of the building owner. If you get injured by a certain product and that injury comes from a product malfunction, the manufacturer is at fault. However, if any of these situations change even slightly to involve fault on your part, your claim might not be as successful because the incident wasn't all someone else's fault.

Understanding how to figure out who is at fault in a personal injury claim is a basic step in the process of determining whether you have a claim to file or not. Your lawyer will discuss the situation with you and help you to determine whether you have a case to file or whether the fault is too questionable for a personal injury claim. Sometimes, determining fault can nullify a personal injury claim, but there are situations where you can have a small part in the fault and still get compensation because the other party was the most liable.





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