Frequently Asked Questions Regarding Fault In An Accident

Personal injury lawyers know that you’ll immediately want to know who was at fault for an accident if you are ever involved in one. While you may think that it’s obviously the other, person, the real answer is not always that cut and dry. These frequently asked questions and their answers can help answer any questions you may have immediately after having been involved in an accident.

How do I legally prove who was at fault for the accident?

Your personal injury lawyer will tell you that since you will likely be filing a claim with an insurance company, you are not required to submit legal proof of anything. You’ll be dealing with an insurance adjuster through a series of negotiations with the defendant, your personal injury lawyers,and the insurance adjuster. There is no need to prove that anything happened in these circumstances. All you need to do is argue that you feel as though the other party was negligent and that it was this negligence that caused the accident and your injuries. Of course, you will need to provide reasonable evidence that supports this!

The defense can prove that I was partially at fault for the accident, can I still receive a settlement from the defendant?

Your personal injury lawyer in Gilroy, will tell you that, “yes you can, but it depends!” The comparative negligence rule will likely apply. Under this rule, your final settlement will be reduced by the percentage of your fault. For example, if you were 10% at fault, your settlement will be reduced by 10%. Just remember that if you live in a state that follows the contributory negligence rule, you may not get anything if your share of the fault was either above 50% or any percent at all.

Will I still get a settlement if I had pre-existing conditions and injuries that were worsened by the accident?

Yes, you can still get a settlement. Your personal injury lawyer will tell you that the defendant is liable if you can prove that he or she was liable. That person will be required to pay you a settlement for the injuries that you did suffer.

What is negligence?

Personal injury law defines negligence to be an act of carelessness on the part of the defendant towards you. In other words, that person did not act with a duty of care towards you.

You can be confident that you can win your personal injury claim or case if you hire a good personal injury lawyer. Thus, look online or ask for referrals so that you can meet a few lawyers before you decide on working with one of them.