It can be difficult to establish fault in a personal injury case. However, the fault is the primary factor in determining a victim’s rights and the amount of compensation they are entitled to. When a claim is filed, insurers do everything to disprove it in order to limit payouts. If a person is injured, they should call a personal injury lawyer for help. Automobile accident attorneys in Tucson will gather the documentation necessary to substantiate a client’s claim and get the largest possible award.
Proving Another Party’s Negligence
With personal injury and auto accident cases, an at-fault party’s negligence is proven based on a variety of factors. First, a dangerous condition must exist, such as a cracked sidewalk or slippery driveway. Second, the plaintiff must prove that the property owner was aware of the condition, had time to fix it, but failed to do so. Thirdly, the client and their attorney must determine whether the plaintiff’s own negligence played a role. Some jurisdictions bar recovery if a person is even 1% at fault, while others allow clients to seek partial compensation.
Determining Compensation According to Fault Percentage
Many areas use the contributory negligence doctrine when determining fault in personal injury cases. This doctrine states that a plaintiff cannot seek compensation if they are at all responsible for the accident. Most places use a modified version of the contributory negligence doctrine, which allows victims to seek partial compensation when they share the blame for their injuries. Here, the victim’s award is reduced by their percentage of fault.
Other Fault Rules
As far as dog bites and other animal attacks are concerned, many jurisdictions follow the ‘one bite’ rule. The rule states that an animal’s owner is liable for injuries caused by the pet, as long as the victim and their attorney can prove that the owner should have known of the animal’s tendency to attack. As in all personal injury claims, the client needs evidence to substantiate their claim.
Call an Attorney Today
If a person is injured and they believe someone else is partially or completely responsible, they should consult automobile accident attorneys in Tucson right away. A personal injury attorney with Price and Price Law can help victims protect their rights and preserve possible legal remedies while maximizing the client’s chances of economic recovery.
