One of the most important factors that will go into your personal injury claim is the question of fault. In some cases, fault is pretty cut and dried, and it will be a relatively simple thing for the court to assign fault. In other cases, however, there may be a number of different parties that share responsibility in your personal injury claim. Part of what will determine the success and amount of your personal injury claim is your ability to prove fault.
There are several different fault scenarios for personal injury claim. The first scenario is one in which you were injured due to the negligence of one other person. In this scenario, that person is solely at fault, and is solely responsible for the claim amount. This type of situation is rare, but it does occur. An example would be if youre crossing the street at a designated crosswalk, with a walk signal, and youre struck by an oncoming vehicle. In that instance, the person driving the vehicle is likely to be the only one at fault.
Another scenario is one in which more than one person was negligent, and it resulted in your injury. A good example of this would be when youre injured on someones property due to the negligence of someone who is renting that property. Depending on the nature of the injury and what exactly happened to cause the accident, both the owner and the renter may share some of the fault in your injury claim. In this case, both of the parties would be responsible for paying a percentage of your claim.
It may also be the case that you bear some responsibility for your injury, as well. For example, if you were injured in a private construction site, it may be that both you and the owner share fault. You were at fault for entering the private site, and the owner was at fault for creating hazardous conditions. In a situation like this, the other party would only be responsible for a certain percentage of your injury claim.
In other cases, you may be the only person at fault. Obviously, when this is the case, your personal injury claim is likely to be denied. If you cant identify someone else who could be at fault, you likely wont file a personal injury claim.
Your personal injury attorney can help you navigate your way through the question of fault. She can help you go over the details of your accident, and can help you identify parties that may be at fault that you might not have yet considered.
Ultimately, whether you win your personal injury claim or not depends a great deal on whether youre able to prove that another party or parties were at fault in your accident.