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Within the legal system, the term “fault” refers to a defendant’s blameworthiness and level of responsibility.
A defendant’s actions and mental state indicate whether or not he or she should be named at-fault.
Had the defendant taken the time to consider what harm his or her action might cause; alternately, had he or she thought about what would happen if a certain action were not taken?
Did the defendant strive to avoid performance of a harmful action; did he or she work to carry out what appeared to be a helpful action?
Normally, the liable party carries liability insurance
That means that the insurance company must pay the compensation, or the court-ordered judgment. For that reason, the insurance company offers its opinion, on the issue of liability. Still, the other side does not have to accept the insurance company’s opinion.
If the 2 sides do not agree on the issue of liability, then the lawyer for the plaintiff has the right to file a personal injury lawsuit, one that must be directed against the other party, the defendant.
After a plaintiff has sued a defendant, then it becomes the plaintiff’s job to show the existence of all 4 elements of negligence. Personal Injury Lawyer in Hamilton knows that the details on all 4 elements should be included in the complaint.
What are the 4 elements of negligence?
Proof that the defendant had a duty of care towards the plaintiff
Proof that the defendant had chosen to breach that duty of care
Proof that the breach committed by the defendant caused the injury to the victim/claimant. This is the most important of all 4 elements. It is also the one that can be hardest to prove.
Proof that the claimant suffered real damages, as a result of the fact that the defendant had chosen to breach his or her duty. Real damages are those that would be viewed as measurable.
How do those elements relate to fault?
The legal system can only find defendants at-fault through the process known as litigation. Yet litigation must take place in a courtroom, and the court decides which plaintiffs have given suitable grounds for their claim.
In a personal injury case, evidence of all 4 elements must be included, in order to satisfy the need for suitable grounds. If any element were missing, then the court would not allow the plaintiff to move forward with the lawsuit.
When plaintiffs lack the ability to move forward with their lawsuits, then each of them loses the chance to name the defendant at-fault. That is why smart policyholders should hire a lawyer, if their insurance company has alleged that any one policyholder could be held partly liable for his or her actions.