If you’re involved in the process of deciding the extent of damages and fault in a claim over personal injury, many different routes can be taken to determine what goes to whom. Pure comparative negligence is what renders the claimant eligible to receive damages but if it’s proven that they were responsible in part for the accident, then their damages would be reduced proportionately, according the amount of fault they are assigned. For instance, if the court decides that the injured party must be assigned 20% of the blame for the accident, then the damages they receive would be reduced to 80% of what they would be entitled to otherwise.
The more conventional form of contributory negligence is different from the concept of pure comparative negligence. According to the latter, if the injured party were decide to be even 1% at fault for the accident by the court, it would render them ineligible for any damages whatsoever. Therefore the claimant would have to prove beyond a doubt that the defender was wholly responsible for the accident, if he wished to win damages.
If you’ve been in an accident recently, regardless of whether it resulted from medical malpractice, a
workplace accident, or even a slip and fall, you probably have sufficient cause for a personal injury claim. If you’d like your case be heard and wish for a chance to have questions you might have about liability answered, then the best thing to do would be to consult a personal injury lawyer, preferably one who is part of a law firm. You could even solicit the services of a private lawyer who has his own practice.
A lawyer is bound to be highly and extensively experienced in the matter, and hiring one will ensure that you’re not without assistance at any point along the way. They would be well aware of the stakes while making a personal injury claim, and all their efforts would be directed towards obtaining a verdict that would best serve your interests. Don’t hold anything back while discussing the case with them, as any small point could be of consequence.
Before you decide on which lawyer you would have represent you, make sure that you finalize issues regarding the lawyer’s fee. The more experienced ones would be demanding a higher figure. Moreover, you can either pay them upfront or they may seek a certain percentage of the damages received.