General Rules For Proving Fault In A Personal Injury Case

We all know and are aware about the fact that while it is very easy to file a personal injury claim it is relatively difficult to prove liability in such cases because of the complicated nature of most of these cases. Your personal injury lawyer in Kanata will tell you that most of the accidents happen because somebody was negligent and this is what needs to be proved in order to prove a claim for personal injury. While it is very easy to say or feel that someone was responsible for the accident it is not as easy to prove the same in legal terms. Additionally, in many cases both the parties involved are negligent to some extent and that is why the accident is caused.

Your personal injury lawyer in Kanata will tell you that in situations where both the parties are negligent to some extent liability is decided by the fact as to who among the two was more negligent.  in such situations the less careful party is supposed to pay at least some compensation to the party which was less negligent. Your lawyer will tell you that liability is decided by this factor only when it comes to accidents. However, there are certain exceptions to this as well. For example, if the plaintiff was present at a place where the defendant could not expect them to be at the time of the accident, the liability of the defendant would go down significantly.

Your personal injury lawyer in Kanata would also tell you that in case of comparative negligence the compensation received by the plaintiff will be reduced by a significant percentage in accordance with their liability in the mishap. Also, in certain other conditions like when an accident happens at the workplace the employer will also be held responsible and would be required to pay the plaintiff for the damages sustained.

Similarly, if the accident is happening at a property which is badly maintained the owner or the manager of the property would also be under the scanner as contributing to creating the situation that led to the accident. Your personal injury lawyer in Kanata will also tell you that in case the accident happens due to the use of a defective product the manufacturer or the seller of that product would also be liable for the accident and would be required to pay compensation to the plaintiff.

In situations where more than one person is involved and is liable for the accident compensation is generally provided from the insurance of one of them and the others coordinate with him to understand how the same can be contributed for. Your personal injury lawyer in Kanata will tell you that in case all the defendants have insurance policies in place you will have to get compensated from one of their insurance policies and you cannot claim the same from anyone else. To read more: EBIL Personal Injury Lawyer