If you have been involved in an automobile accident, then you might seek answers to specific questions. This article offers answers to 3 of the most-frequently asked questions.
How can I prove negligence on the part of the other driver?
First show that the other driver was careless. If the other driver violated a traffic regulation, then that action would qualify as a sign of recklessness and carelessness.
Next produce proof of the fact that the other driver’s careless actions caused you to suffer an injury. Share a statement from your treating physician. That should confirm the link between the defendant’s actions and the injury that you have suffered.
Do I have reason to hope for some level of monetary compensation if I was partly responsible?
Yes, if you were also careless, then your level of carelessness will get compared to the lack of care shown by the defendant/other driver. Consider what percent of the negligence your own actions made possible. That amount should indicate the percent of funds that the insurance company will take from the calculated compensation package.
The above information holds true in most states. There are some states that follow the contributory negligence principle. In those states, someone that has been found partly responsible for an accident has no right to seek any amount of money as compensation for the acquired injuries.
If I have a chronic medical condition, do I have grounds for seeking compensation for my injuries?
Yes, you have grounds for seeking that compensation. Each person is legally entitled to make his or her own way through life, avoiding danger when possible. Still, insurance companies like to take advantage of the fact that the law expects people to avoid danger. Injury Lawyer in Hamilton knows that is why a motorcycle rider that has failed to wear a helmet cannot seek compensation for head injuries, as the result of an accident. The insurance company can point out the rider’s failure to avoid danger by wearing a helmet.
The medical community supports the wisdom behind the requirement for a helmet. It has not issued a statement that calls for utilization of other protections, other than a seat belt, when a driver or passenger has some type of chronic condition. Someone that has both a chronic condition and a personal injury should seek out an attorney that stands ready to consult with a member of the medical profession. In that way, both the attorney’s client should remain protected from unverified charges, which might come from the defendant’s lawyers.
For instance, those lawyers, or someone representing the defendant’s insurance company might claim that the plaintiff should have worn some sort of protective device. Yet utilization of such a device is not necessary.