posted by Administrator on Aug 15
The consquences of an accident can result in effects that are physical, emotional and financial and it is your right to claim compensation if an accident was not your fault. But making a personal injury claim is not a simple process of filling out a claim form and filing it with your insurance company, a successful claim can only be made with help of a personal injury lawyer.
For a personal injury claim to be successful it is necessary to prove negligence on the part of another individual or organisation. You will need to be able to prove beyond doubt that the cause of your accident and injuries lies with someone else by providing evidence such as witness reports, photographs and expert testimony. However, the insurance companies will look to determine if you were in any way at fault and if you took reasonable precautions before the accident occurred. Having a personal injury lawyer representing you will help to ensure that there is no doubt about your role in the accident. If it is proven that you were at fault to some degree then percentages of blame will be assessed and applied with any claim made.
Historically, contributory negligence would be used on the principle that if a victim was in some way to blame for the accident then a percentage of repsonsiblity would be applied and the compensation adjusted accordingly. 13 states within the US now apply what is now known as pure comparitive negligence when determining damages to victims and it is often down to a judge and jury to decide on the percentages applied. If you claim does go to trial then you should hire a lawyer to represent you as it could make the key difference to the amount of compensation you receive.
In other states pure comparitive negligence is not used as it is seen as unfair to victims. Instead 12 states have adopted a modified comparative negligence rule where a 50% rule is applied. Should a victim be deemed to have been more than 49% to blame then they will not be eligible to recover damages. Again this process is determined in court and your lawyer will be able to advise you on whether it is worthwhile proceeding with a claim.
There is also a modified comparitive negligence rule applied in 38 states where a 51% formula is used. This is similar to the 50% rule but you may not exceed 50% liability in your claim. In any circumstance it is always advisable to speak with an experienced Maryland personal injury lawyer before proceeding to make a claim. A lawyer will be able to determine if a claim is worth pursuing and advise you on the evidence that would be necessary when it comes to determining liability.
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