Partial Blame Situation With Injury Lawyer In
Stoney Creek
In any tort claim, the law recognizes contributory negligence according to injury lawyer in Stoney Creek. In case of car accidents, the claim size depends upon extent of your losses in the accident, limits as established by the past rulings of the court, the government statutes, and establishment of fault. This last point involves the case of contributory negligence as well where you have partial blame in causing the accident. As per the law, contributory negligence limits your ability of recovering full compensation amounts for losses sustained. While the victim and injury lawyer in Stoney Creek does not need to prove the fault of another person, you are going to recover only that percentage or portion of damages that the person at fault is responsible for.
One example of this is one driver has 80% responsibility in causing the accident by making unwanted left turn and the victim shares 20% responsibility for this accident as well because of speeding over the speed limits. In this case, the victim gets the 80% part of the compensation based upon what the court awards in damages. This is not just about actions/inaction leading to the accident constituting the argument of contributory negligence. The party at fault might prove that victim decided not to wear any safety devices as helmet or seat belt, and this increased severity of injuries. In this case, it becomes a case of contributory negligence according to injury lawyer in Stoney Creek and there is reduction in the claim value for as high as 25%.
Top range is for cases where the opposition is able to prove that it was possible prevent all the injuries with safety devices with most cases failing in the use of such devices falling in 5-10% range for the contributory negligence. Type of injuries that you have should correspond to purpose of particular safety devices so that the court is able to decide the contributory negligence situation. A cyclist with no helmet sustains broken arm due to accident will get lower compensation because of this omission in safety, but this reduced amount gets serious when you suffer from something as serious as concussion as a result of the collision.
Similarly, your contribution to the accident increases largely when the opposition proves that you were driving under the influence of drugs or alcohol. Injury lawyer in Stoney Creek wants their client to understand this. The opposition lawyer is just looking for loopholes in your case and they want to prove that you had a hand in the accident as well, using the ground to reduce your compensation monies. When on the road, you need to be prudent aware and anticipating the possible hazards such as the poor actions of the other drivers. You have to take necessary steps to avoid accidents as per injury lawyer in Stoney Creek. To read more Click Here