The experience of becoming the victim of an accident tends to trigger some unsettling feelings, along with a desire for answers. Some of the victims’ questions seem to get repeated over and over, each time that a personal injury lawyer consults with a potential client.
How does fault get determined?
The insurance company for each of the disputing parties looks to see which party was least careful, during the moments before the accident. Which of them acted in a reasonable manner, and which of them exhibited some rather unreasonable behavior? Someone that had been careless, or someone that had failed to act in a reasonable fashion could be held negligent. Proof of negligence can serve as the basis for an allegation of fault.
Suppose that both drivers are partly to blame for a car crash. How would the insurance company go about deciding on the amount of money that should go to each of them?
The answer to that question would depend on the state in which the accident took place. Some states have chosen to follow the principle of comparative negligence. According to that principle, the size of a claimant’s award should correspond with the extent to which he or she contributed to the associated accident. In other words, someone that had contributed to 15% of the causative factors should receive as compensation a sum that was 85% of the claim’s worth.
The story would be different, if an accident had taken place in a state that adhered to the principle of contributory negligence. According to that principle, no one that has contributed to any degree towards the factors causing a given accident should receive any money in the form of compensation. A similar rule would apply to someone that has contributed to more than 50% of the causative factors, in a state that followed a modified principle of comparative negligence.
What can the victim of an accident do, in order to increase his or her chances for winning a fair compensation?
Personal injury lawyers in Timmins will seek medical help or evaluation as soon as possible. Share contact information with the other involved parties, along with the information on your insurance. When you get home sit down and make a written record of all that you recall, regarding the events that took place at the time of the accident. If you experience ongoing pain, keep a journal, so that you can recall how often you had a painful sensation, and how long it lasted.
Take notes when talking on the phone with any involved party or any one from the insurance company. Get the name and contact information for that particular caller. Preserve all of the gathered evidence; save all the medical bills.