In order to develop the questions with the most insightful answers, the accident victim must gain an understanding of the concept of negligence.
What is negligence?
If the responsible party has been careless, or has failed to demonstrate reasonable care, then, in the view of the legal system, he or she would be guilty of negligence. Defendants that have failed to demonstrate a satisfactory level of concern for the safety of others could be charged with negligence.
After an accident has taken place, those that must determine who should be declared at-fault search for evidence of negligent behavior. Such evidence usually highlights the identity of the person at-fault as per the personal injury lawyer in Woodbridge.
Can more than one person be declared at-fault for a given accident?
Yes, there are times with the evidence indicates that both the claimant/plaintiff and the defendant have been careless. When that is the case, the the court must decide which of the involved parties was more careless. The person that was less careless would receive a larger amount of money, as compensation from the insurance company or in the form of a court-ordered judgment.
In states the follow the principle of comparative negligence, the party that had demonstrated a greater level of care and concern would receive an award that should recognize the percent of that care, as compared to the care and concern that was shown by the opposing party. In states the adhere to the principle of contributory negligence, anyone that has contributed in any way to the factors that caused a given accident has no right to receive any form of compensation.
Can someone be held responsible for accidentally injuring a victim with a pre-exiting medical problem, or a victim that was injured in a previous accident?
Yes, that is possible. According to the law, each person has a right to seek the ability to make his or her way in the world in a safe manner. Therefore, if someone’s actions have threatened the safety of another person, that creator of threat can be held responsible for harming the innocent victim.
Still, a defense attorney might suggest that someone with a pre-existing condition ought to wear a special type of protection, to guard against harm. In that way, the same attorney might suggest that the victim with the pre-existing condition could be held liable for comparative or contributory negligence.
A good personal injury lawyer would know how to fight such an allegation. He or she would understand how to seek out a medical specialist, someone that could dispute the claims made by the defense lawyers. For instance, such a specialist would know whether or not the type of safety gear that had been suggested was available to consumers.