If you have been involved in an accident, carelessness of another party and the level of it is often considered when determining accident liability. Each case is different so the determination of fault will be different as well. Vehicle accidents, slip and fall accidents, product liability and medical malpractice are the most common types of accidents where personal injury lawsuits are involved.
Investigating to Prove Fault
There will be a thorough investigation of all parties for every personal injury lawsuit. Your lawyers, your insurer and the police complete some of the steps and they involve the following:
● Evidence can be collected with police reports.
● Statements made by all involved parties.
● Witness statements.
● Medical information.
● Any relevant documentation and reports.
● Involved party interviews.
● Related experts will be hired and consulted with.
All of this information will help to prove who was at fault. Your lawyer will try to use this information to help you maximize the claim amount.
Proof of Fault Within The Law
Depending on the situation determines how fault is categorized. Once determined, the correct party will be held liable by your lawyer. Below we have listed methods used in determining liability.
• Intentional Conduct will be Established: This determines a desired purpose by someone’s conduct.
• Proof of Negligence: This is proof that a party did not follow through with an obligation.
• Proof of Liability of Standard: Showing proof a foreseeable injury was suffered by the plaintiff where a common outcome ensues from the situation.
Outcomes of Fault
Fault in most personal injury lawsuits is due to negligence. The plaintiff must attempt to prove the accident has caused physical injury and mental or emotional strain to their life to seek compensation.Some of the legal defenses taken in a personal injury lawsuit with the help of Personal Injury Lawyer in Corner Brook include:
Comparative Fault: The assessment of fault belonging to each of the parties involved in the accident after an investigation. A good example of this would be, as in a car accident, one of the parties are 25 percent responsible, leaving the other party 75 percent of the responsibility.
Assumption of Risk: Previous knowledge there could be risk of an injury. In this case, person’s wishing to participate in certain activities where there is the possibility of risk they are sometimes required to sign a waiver to keep a business from being at fault.
A Trespasser’s Defense: If you are injured on another person’s property, the property owner is considered responsible for negligence by not providing a safe environment. The liability in this instance could be shifted if the injured person is unknown and the owner has posted trespasser warning signs their fault is greatly reduced.