As soon as an accident has taken place, those involved begin thinking about who should be held responsible for that unfortunate incident. Any attempt to suggest that the other party should bear the blame ought to incorporate a reasonable argument.
What sorts of defendants might be mentioned in such an argument?
If you have been involved in a collision, then your argument must explain the negligent actions of the other driver. After a slip and fall incident, the plaintiff’s argument needs to explain how the property owner was careless and neglectful. The victim that has been injured by a defective product needs to put together an argument that highlights the negligence of a manufacturer or a marketer. A patient that has been injured in a hospital might need to file a claim against that facility, or against a physician working in that hospital.
What elements could be used to show the other party’s negligence?
• Did that other party have a duty of care towards the person that has filed the personal injury claim?
• Did the other party breach that duty?
• Did the claimant get injured, when the other party failed to satisfy completion of his or her duty?
• Did the claimant’s injury cause that accident victim to suffer financial losses?
Suppose that the defendant claims that the plaintiff is partly at fault?
Personal Injury Lawyer in Halifax knows that if the defendant can prove that allegation, then the judge will reduce the size of the plaintiff’s award. The extent of that reduction should be proportional to the degree of the plaintiff’s contribution to the occurrence of the accident.
For instance, suppose that one driver is exceeding the speed limit in a commercial area of a city. As that driver speeds along, some pedestrian runs out onto the street from between 2 parked cars. The driver cannot stop and hits the pedestrian.
The judge might say that the driver was 75% responsible, and the victim/pedestrian was 25% responsible. That would mean that the money awarded to the victim would be only 75% of the size of what that same victim could have gotten, if he or she had been more careful
The above example illustrates the extent to which laws and practices play a part in determining who is at fault. The driver broke the law by exceeding the speeding limit. The pedestrian could be charged with jay walking. Some pedestrians get hit because they refuse to follow good practices. Some of them try to send a text message while walking across the street. Others make no effort to stand out, by wearing bright clothes, or by wearing a fluorescent vest. Each of them risks losing money, if they were to become the victim of a reckless driver.
If you or a loved one has been hurt in an accident and want to file for damages, contact https://barapplawmaritimes.ca today. We are a team of expert lawyers that can help you get maximum amount as compensation.