How Fault Affects Compensation in Personal Injury Claims
How Fault Affects Compensation in Personal Injury Claims
Understanding fault is absolutely critical in any personal injury claim. At Albenze Law Group, we recognize that the determination of who is responsible for an injury significantly impacts the amount of compensation you can receive. Our experienced legal team in Elyria, Ohio, utilizes a detailed approach to assess liability, considering various factors beyond simply identifying a responsible party.
Comparative Negligence: Most states operate under comparative negligence principles. This means that even if you contributed to the accident, you can still recover damages, though your award will be reduced proportionally to your degree of fault. For instance, if you were cited for speeding, the court will assess what percentage of the negligence is attributed to you versus the other driver.
Contributory Negligence: In a few states, contributory negligence can bar recovery entirely if your negligence is found to have played a role in causing your injuries.
Establishing Fault: We meticulously investigate the circumstances surrounding the incident. This includes gathering evidence like police reports, witness statements, medical records, and expert opinions. Our specialized expertise in personal injury law allows us to build a strong case for our clients, regardless of the initial findings.
Types of Fault: Fault can be categorized into several types, including:
- Negligence: This involves a failure to exercise reasonable care, resulting in harm to another.
- Intentional Torts: These involve acts that demonstrate a deliberate disregard for the safety or well-being of others.
- Strict Liability: In certain situations, a party may be held liable regardless of fault, such as when operating a defective product.
Impact on Compensation: The degree of fault directly influences the settlement amount. Typically, the more heavily the other party is found to be at fault, the greater your potential compensation will be. Our award-winning service ensures we pursue the maximum compensation available under the law, considering lost wages, medical expenses, pain and suffering, and other damages.
Personalized Approach: We understand that every case is unique. We take a personalized approach, tailoring our strategy to the specific facts and circumstances of your situation. Serving Elyria, Ohio and the surrounding areas, our firm’s years of experience and commitment to justice will guide you through this process.
