How is Fault Determined in a Personal Injury Accident?
In any personal injury accident, a top personal injury lawyer in Houston, TX like one from John K. Zaid & Associates can help you. When someone has caused an accident that resulted in your injury or illness, whether it’s a car accident, slip and fall, medical malpractice or other accident, a skilled lawyer can help you recover your deserved compensation. One of the things you may be wondering about is how fault can be determined. Each case is unique and a variety of factors are evaluated to assess which party or parties are at fault.
How does a lawyer investigate an accident?
When a lawyer assesses a personal injury case, they will look for evidence, gather facts, speak to witnesses and review documents to put together the pieces of a case. After they have enough information to hold a person responsible, they will take the steps to put together an argument that shows that they are liable.
What is the difference between comparative negligence and contributory negligence?
In the case of a car accident, the rules of comparative negligence and contributory negligence may apply. Most states use the comparative negligence system, which says that a victim may recover compensation even if they are partially at fault. Multiple parties can split the blame, so the compensation amount they can obtain is reflected by their percentage of fault. On the other hand, contributory negligence is much more strict. Injured parties must be completely free of blame if they want to be able to receive compensation for their losses.
How is fault proven?
To find out who is at fault in an accident, a lawyer will see if there is evidence that shows a defendant owed a duty of care and breached their duty. For example, a driver owes a duty of care to those around them. If they choose to drive recklessly and injure people, they can be held liable. Another example is a property owner who fails to clean up a hazard, and their inaction results in a victim suffering an injury as a result of coming into contact with the hazard.
Contact a Skilled Lawyer
Some victims of personal injury accidents do not act to explore their legal actions right away. They might feel discouraged that they will not receive the compensation that they hope to get. Others fear that they may get in trouble because they have partial fault. However, a lawyer will help you no matter what your situation looks like, so it’s worth exploring your options.
There is limited time to submit a claim if you have been injured in a personal injury accident. Hurry and don’t wait too long to explore your options or you may not be able to receive compensation. If you have been severely injured or have costly medical bills and expenses that have affected your finances, speaking to a lawyer can be greatly beneficial. Schedule a confidential appointment with a trusted personal injury lawyer from John K. Zaid & Associates based in Houston, Texas now.