Will Injury Lawyer In Ajax Determine The Degree of Negligence?

The degree of negligence of both the parties involved will play a major part in the claim amount that you will eventually receive from the defendant or the insurer. The law, the judge, the jury and even the Injury Lawyer in Ajax has no reason or intention to believe that since you are injured, you are free from all responsibilities. Ideally, in a majority of cases, it is found that the person injured is equally, fully or to some extent responsible to cause the accident that could have been avoided otherwise. Therefore, your duty of reasonable care will be considered to provide a free and fair judgment.
 
Affects The Claim Amount

The amount you can recover from the defendant for your medical bills and other losses will be reduced according to your degree of involvement in the accident, provided the accident occurred in a ‘fault’ state. If it is found after investigation that you are the prime person to cause the accident then you will not be able to claim any compensation. In fact, the Injury Lawyer in Ajax will not even take up your case, if it is found during initial consultation that you are fully responsible for the accident. Ideally, your fault should not exceed 49% of the comparative negligence factor so as to receive the single percent of claim amount that you demanded.

Pure Comparative Fault Factor

The claim amount that you will receive will entirely depend on the law of the state in which the accident occurred. If the accident occurred in a pure comparative fault state then the injured person who is at fault to some extent in causing the accident can still receive damages from other parties at fault. Of course the amount of claim will be reduced on the basis of the share of fault of the injured person. Therefore, the Injury Lawyer in Ajax will be able to collect only $3000 as your claims, if you are 70% responsible for an accident for which you have claimed compensation for $10,000.

Modified Comparative Fault

Few of the sates follow a modified comparative fault rule. In these states, if you are injured in a car accident, the Injury Lawyer in Ajax has to prove that you are less than 50 percent responsible to cause the accident, as compared with the other part or parties at fault. If your fault is more than fifty percent, then you cannot collect any claim amount at all. There are a handful of states that follow contributory negligence rule. In such states, if the injured person shares even one percent or less amount of blame for the accident, all claims will be annulled altogether and you will not get any compensation from the other party. 

The No Fault States

There are about a dozen of no-fault states in which you will have to rely on your own car insurance coverage if you are injured in these states. The injury lawyer will not be able to help you out no matter how negligent the other driver was in causing the accident with an exception of serious injury cases only. Visit Here: BLF Personal Injury Lawyer