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To get the compensation in a personal injury case, it is critically essential to legally prove that the other party was at fault and responsible for the accident. Although it might not require providing legal proof to establish who was at fault because most personal injury cases are settled at the level of the insurance companies and insurance adjusters, you have to pursue it closely through phone calls and letters. A reasonable argument in plain language is enough in most cases that the other person was at fault should help to counter the plausible arguments of the other side. If you are not confident enough to handle it on your own, then you must look for the top personal injury lawyer to hire in Halifax, who can help you in this regard.
How efficiently you can prove the fault of the other party impacts the compensation that you can obtain. It does not require providing precise measurements of Collison and tire marks. Still, instead, you can show that the driver hit you from behind or abruptly turned in front of you, and fault determination becomes easy by using common knowledge of driving rules, for the insurance company and you.
What happens for partial fault?
When you can prove that the other party was fully negligent for the accident, you receive the compensation amount without any deduction. But if you are also partly responsible for the accident then too you will receive compensation but of a lesser amount. How much the other person is responsible is determined by comparing the other party’s carelessness or negligence with your own. If the fault sharing is in the tune of 75% and 25% with the other party taking the most blame, then you would receive only 75% compensation from the other party. However, if your carelessness is substantial in the accident, then some states would bar you from compensation.
What happens for Injury aggravation from physical limitations?
Sometimes your physical inability might be a factor that contributed to the accident. Suppose you wobble when walking due to a bad knee or have poor eyesight even with glasses, and you fall on a broken stair, then also you have the right like any average person to get compensation. The personal injury laws provide the right to all people to claim compensation regardless of their health condition and physical ability.
Careless behavior that causes an accident or contributes to it is known as negligence in legal parlance. Ignoring the stop sign at a traffic signal is an example of negligence, which can result in one car colliding against another at the intersection. Every person must act carefully, and whenever he or she fails to perform as expected, it amounts to negligence. A typical example is that of a person wearing sunglasses and driving at night.
Unless you can establish that the other party was negligent during an accident for which there is enough ground to hold him or her responsible, you do not have a case for filing a personal injury claim.