When you are driving along your daily commute or towards an exciting destination, but suddenly get into an accident, your life can be seriously impacted. A negligent driver who is at fault should have to pay the consequences for their actions. As a victim, you can choose to file a car accident claim with the help of an experienced and reliable car accident lawyer like one from Saavedra Law Firm, PLC. What happens if you are partially at fault however? This is when the subject of comparative negligence comes into play.
What is Comparative Negligence?
The doctrine of comparative negligence is when a defendant argues that a victim in an accident has partial or complete responsibility for causing the accident. They can say that their actions contributed to the accident occurring, and are therefore responsible for the injuries they sustained. In order to establish this, the defendant must provide adequate evidence.
Can I Still Recover Compensation?
You may still be able to recover compensation even though you are partially liable. If you and the defendant are both liable, a judge will review your case and assign each of you a certain percentage. To protect your rights, a car accident lawyer can review the evidence and build a compelling case so you can claim damages you’re entitled to.
What Damages Can I Claim?
The damages you can claim will vary depending on the evidence such as medical reports, police reports and witness statements. A lawyer will assess your case to determine your losses and see what damages you can claim. In cases where there is more than one party who is liable, what you are liable for is dependent on the extent of your fault.
Suffering an injury after a car accident is never an easy experience, and accusations of comparative negligence can complicate your case. If you believe that a person’s negligence played a role in your accident you should seek legal help so a lawyer can evaluate your case. There is limited time to file a car accident claim so it’s better to take action as early as possible. Going through the legal process might be the last thing you want to do so soon after the loss of your loved one, but it’s important that you know what your options are. Don’t hesitate to seek help. Contact a lawyer if you need assistance with a car accident claim.