In an accident injury case, fault finding is the primary job of the Injury Lawyer in Bowmanville. This is not an easy job as in most of the cases and times, such fault will not be very clear. In specific cases like premises and product liability, medical malpractice and even in specific car accident cases, finding the fault of the defendant is really complex subject and difficult. The injury lawyer has to have specific set of skills to prove such faults and also requires a lot of supporting documents and proofs to substantiate the claims.
In Case of Shared Fault
In a car accident case the fault may be shared between different drivers involved in the accident. The Injury Lawyer in Bowmanville will have to consider who is to blame and to what degree so as to distribute the entire fault and in turn the
entire claim amount on all the drivers involved in the accident. In such a situation the degree of negligence is ascertained of the parties at fault and the one with the highest one is held
liable. The insurance company of such a defendant then becomes the primary company to pay for the damages. The injury attorney will deal with this insurance company only. As for the others, they
may or may not reimburse the primary defendant.
Injured Victim Sharing Fault
Moreover, it is not always the defendant that has a shared responsibility for the cause of the accident. There may be times when the injured person may also be responsible to some extent to cause
the accident along with the defendant or defendants. In such a situation, such involvement of the plaintiff will have an effect on the final amount of claim compensation that the injured person
will recover. The Injury Lawyer in Bowmanville will have to consider the rules and laws followed by the state as in some situations when an injured victim is found responsible then there may be
no claims made from the parties at fault.
Pure Comparative Fault
Few states will follow the practice of pure comparative fault. In these states the law states that the injured person can still claim compensation from the other parties who are at fault even if
there is a significant degree of involvement of the injured person in causing the accident. But the amount of such claims will depend on the share of fault of the injured person that is
determined by the Injury Lawyer in Bowmanville. On the other hand few states may follow modified comparative fault rule. In such states, if the share of fault of the injured person is less than
50 percent it is only then he or she can claim compensation.
Contributory Negligence States
There are a handful of states that follow contributory negligence rule. In such a state if a person who is responsible for the accident even by one percent or less will be barred from making any
claim for their injuries from the other party.Therefore, it is best to rely on specialist injury lawyers if you want to know about your eligibility of claims and win it. For more information
visit here: ABLF Personal Injury Lawyer