5 Frequently Asked Questions Related to Fault in Personal Injury Law

by Staff

It may not be surprising that unfortunate events like accidents happen to innocent people. Accidents may lead to severe injuries. As a result, in these situations, it is important to understand personal injury laws and your rights to seek compensation. 

Fortunately, personal injury lawyers at The Flood Law Firm can get all the right answers to questions arising soon after a personal injury accident.

Here are 5 key frequent questions related to personal injury law:

1. Who Was At Fault For The Personal Injury Case?

It is not a good idea to admit fault at the scene of the accident. Take down all the credible evidence and witness information, and call the police if necessary. Find a lawyer to advise you on possible solutions for seeking compensation.

2. Can I Get Compensated For A Personal Injury Accident If Was Partly My Fault?

The majority of personal injury cases happen due to negligence. However, this must be proven in court to hold a person or insurance company liable for compensation. According to the rule of comparative negligence, the amount of the other person’s fault is compared to yours to determine culpability.  

For example, if the other person’s fault was 75% and your fault was 25% you can get 75% fair compensation for your injuries. However, it’s important to note there is no formula for assigning the percentage of negligence for both sides. Normally, this is at the discretion of an insurance adjuster. 

3. How Do I Use Negligence To Prove Fault?

Elements of negligence prove and hold parties liable in a personal injury claim. Fortunately, experienced personal injury lawyers at The Flood Law Firm can make it easier to argue why a reasonable standard of care was expected. This will help push for compensationRead below to understand the legal elements of negligence a personal injury lawyer can help prove:

  • Breach of care

Using credible evidence, personal injury lawyer will prove a legal duty has been breached and interfered with, resulting in the accident.

  • Duty of care

Personal injury lawyers help prove that a party failed to protect the victim from harm when they should have done so.

  • Causation

In most cases, this element is easier to prove because the victims need to show that the accident happened as a result of carelessness. For example, it is negligence if a person was hit by a car where there was a stop sign and the car should have stopped.

4. How Can Pre-existing Conditions Affect Fault Claims?

Regardless of your pre-existing medical conditions, you can still seek a claim from your defendant for liability for your injuries. However, in personal injury cases this might be complicated since insurance companies usually seek to have your settlement reduced. As a result, the need for personal injury lawyers from a good law firm who provide proper legal guidance is essential.

5. Do I Need a Personal Injury Lawyer to Prove a Fault Claim?

Although it is possible to handle a personal injury claim without a lawyer, having legal representation significantly improves your chances of success in getting fair compensation. Therefore, an experienced lawyer helps you navigate legal issues, negotiate with insurance companies, and advocate for your rights.

Final Thoughts

It is crucial to understand personal injury fault claims law if you are injured due to the negligence and carelessness of someone else. Each personal injury case is different. For this reason, it is important to avoid generalizations about the circumstances of the case.

Consulting with personal injury lawyers can help you navigate this process and increase your chances for potential compensation.

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The New Jersey Digest is a new jersey magazine that has chronicled daily life in the Garden State for over 10 years.

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