FAQs Determining Liability In Personal Injury Claims
Determining liability of an accident for the purpose of awarding compensation to the victim is the most important and difficult part of a personal injury claim. Mostly, liability of an accident is determined on the basis of theory of negligence. As difficult as it is, proving liability can make all the difference in a personal injury claim. A professional personal injury lawyer in Burlington can help you prove the defendant’s liability and get you the compensation you deserve.Let’s take a look at a few of the most frequently asked questions related to liability in case of a personal injury claim.
What is Negligence?
Negligence, in legalese, is the term used for a person’s, individual’s or an entity’s unreasonably careless and irresponsible behavior that causes or contributes to an accident. A person is deemed as negligent if he/she fails to perform his duty of acting cautiously.
In case of the most types of accidents and their subsequent personal injury claims, a person has to be proven negligent to be held legally responsible for someone else’s injuries and losses. If a person acts in a rather negligent way and their behavior results in an injury to you, your personal injury lawyer in Burlington can most likely file for a personal injury claim.
How do I prove the other person’s liability?
At first, you will have to deal with an insurance adjuster of the defendant’s insurance company to claim for your compensation. You’ll be negotiating the amount of compensation in letters or over a phone call with the insurance adjuster.
All you have to do is to point out how the defendant was not careful enough which resulted in the accident. If you put forth anargument good enough to prove your point, the insurance adjuster may agree to pay your demanded compensation, knowing that if the claim winds up in a court, your personal injury lawyer in Burlington may get you an amount well beyond what they are willing to pay.
What happens when the accident could be partly my fault?
If you have been partly responsible for an accident and seek a compensation for the same, the theory of comparative negligence comes into force which is implemented to determine each party’s responsibility. Although may not, but you still may get compensated for your injuries caused by the other person’s negligence. The experience and skills of your personal injury lawyer in Burlington will come into play.
Will I still be entitled to compensation if my physical limitations made the accident more probable?
Yes, absolutely. If you are physically handicapped or have any other form of disability, it does not strip you off your right to demand and be entitled to compensation. A person, despite their afflictions, is free to move around making their way without being subjected to any form of danger.
Your disability does not justify the wrongdoing that you have been subjected to. You are still eligible to file a claim and, are entitled to compensation just as much as any other victim of personal injury. For more information visit here: BE Personal Injury Lawyer