What Will Injury Lawyer In Orangeville Do If Both Parties Are At Fault In A Personal Injury Case?
Almost every personal injury case comes down to one question, ‘whose fault was the injury’. However, in most cases, the answer is not very easy to find. In some cases, however, an Injury Lawyer in Orangeville knows that both parties might also share the blame. This article further discusses how such a situation can affect your case.
How do you define ‘fault’ in an injury case?
In the legal world, the term ‘fault’ signifies that the party is responsible for the damage or injury cause, typically by carelessness. Injury Lawyer In Orangeville knows that this further gives rise to negligence and hence, they must pay a fair compensation covering all medical and damage costs.
What happens in more than one party is at fault?
There are certain cases in which just one party is not at fault or was careless about the legal obligations they were required to follow. In such instances, more than one person is at fault. While the other party was negligent, you might have been to, making both of you responsible. Such situations are known as ‘shared fault’.
Contributory and comparative negligence
In shared fault personal injury cases, there are essentially two legal rules, contributory and comparative negligence. The state you are in and the specifics of your case can further determine which legal rule gets used, as per Injury Lawyer In Orangeville.
Contributory negligence:
Simply put this legal rule means that you have contributed to the negligence and the injury is your fault as well, so you cannot hold anyone else responsible. Even if you had the lesser fault, you cannot collect any compensation. While this rule is quite old, it still remains in use in certain states.
Comparative negligence:
A much newer legal rule, in this, the court will judge how much of a factor each party was in the accident. For instance, if one driver turned right too soon and the other ran a red light, both are negligent and contribute to the collision. However, the factfinder then will have to realize how much of the fault is whose. In this case, the person who ran the red light will be held more responsible, while the other might have only 40% of the fault. Each driver however, will get a compensation for their damages, with the one more at fault getting their specific share.
Modified and pure comparative fault
Similarly, Injury Lawyer In Orangeville is aware that there are certain states that follow a pure comparative negligence rule, which is precisely the example mentioned above. Other states have a generic cut-off point specifically for how much fault the injured person can have, but still collect the money from the other party. These are some basic changes that were overwritten on the pure comparative fault, and is known as a modified fault. Visit Here: KPC Personal Injury Lawyer
How do you define ‘fault’ in an injury case?
In the legal world, the term ‘fault’ signifies that the party is responsible for the damage or injury cause, typically by carelessness. Injury Lawyer In Orangeville knows that this further gives rise to negligence and hence, they must pay a fair compensation covering all medical and damage costs.
What happens in more than one party is at fault?
There are certain cases in which just one party is not at fault or was careless about the legal obligations they were required to follow. In such instances, more than one person is at fault. While the other party was negligent, you might have been to, making both of you responsible. Such situations are known as ‘shared fault’.
Contributory and comparative negligence
In shared fault personal injury cases, there are essentially two legal rules, contributory and comparative negligence. The state you are in and the specifics of your case can further determine which legal rule gets used, as per Injury Lawyer In Orangeville.
Contributory negligence:
Simply put this legal rule means that you have contributed to the negligence and the injury is your fault as well, so you cannot hold anyone else responsible. Even if you had the lesser fault, you cannot collect any compensation. While this rule is quite old, it still remains in use in certain states.
Comparative negligence:
A much newer legal rule, in this, the court will judge how much of a factor each party was in the accident. For instance, if one driver turned right too soon and the other ran a red light, both are negligent and contribute to the collision. However, the factfinder then will have to realize how much of the fault is whose. In this case, the person who ran the red light will be held more responsible, while the other might have only 40% of the fault. Each driver however, will get a compensation for their damages, with the one more at fault getting their specific share.
Modified and pure comparative fault
Similarly, Injury Lawyer In Orangeville is aware that there are certain states that follow a pure comparative negligence rule, which is precisely the example mentioned above. Other states have a generic cut-off point specifically for how much fault the injured person can have, but still collect the money from the other party. These are some basic changes that were overwritten on the pure comparative fault, and is known as a modified fault. Visit Here: KPC Personal Injury Lawyer