In a vast majority of cases, a personal injury case never reaches the stage at which it would be taken to court, but is rather settled beforehand where the injured and their lawyer will only have to deal with the insurance company or their representative directly. Because of this, you will most likely not need super convincing legal proof, but rather establish a solid and convincing case which can lead to informal negotiations.
What the goal of the injured should be
Such negotiations are often not even handled face to face, but rather through a series of letters, emails, and phone calls between the insurance adjuster and the legal representation of the injured party. All it takes to win such a case is a series of convincing arguments which are generally more convincing than the arguments brought forth by the party the injured is trying to prove guilty of negligence.
The goal of the injured and insured is thus to prove to the insurance company that they would most likely win the case if it were taken to court. This is because insurance companies will generally prefer to settle a claim outside of court where they can avoid costly court and Injury Lawyer fees in Richmond Hill that would come along with the process of taking a case to the trial stage. Although most of the injury claims are settled with negotiations, it isn’t often that claims are represented within the court. However, if you stand to gain more after a trial, your lawyer will take it to trial, as they want the best for you.
What to expect when the injured is actually partially at fault for causing the accident
If the injured knows themselves to be partially at fault for causing the accident that left them injured, then they still shouldn’t completely forgo the claim. Even in the event of partial liability, they would still be able to obtain compensation of substantial height. In math terms, a person who is found partially liable will be met with a deductible. This deductible will be in the height of the percentage they are found to be liable.
Thus, a person who is found fifty percent at fault, will only receive a settlement that is cut down by half of what they would have otherwise received. The rule that establishes this idea is referred to as comparative negligence, and is closely related to the concept of contributory negligence, which describes a situation in which the injured is found liable for a big portion of the accident. There are quite a few states where contributory negligence will stop the injured from receiving any kind of compensation.