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  • Belleville Persona Injury Lawyers: Understanding Comparative or Contributory Negligence In Slip and Fall Accidents

    January 3, 2018

    When people sustain a slip and fall accident, often the overwhelming emotion is shock. This is followed by a feeling that somehow this was the result of one’s own carelessness. Most of us have had our share of laughing at the slipping on a banana peel type of slapstick humour in film and television. Hence, we generally feel embarrassment, look around to see if anyone’s noticed and then hurry away from the spot, if we haven’t been seriously injured.

    However as Belleville personal injury lawyers know from experience, this may not be the best thing to do under the circumstances.

    Accidents are rarely “accidental.” They result from someone’s fault, negligence or breach of safety norms for various reasons. Seriously injured victims face enormous physical, financial and emotional burdens along with their family-members who have to take care of them while they recover their health. Such victims are entitled to seek compensation from those whose acts of omission or commission caused the accident. This is achieved by filing a personal injury suit against the at-fault party.

    Many serious injuries tend to appear minor in the early stages and worsen if left undiagnosed and untreated. From a legal point of view, not reporting the accident or getting medical attention makes it difficult to establish the causal connection between the accident and your injuries.

    Another important aspect is that the compensation process is governed by strict time limits and statute of limitations guidelines. If you find at a later stage that your injuries are more serious than previously assumed, it may be too late by then to file for compensation.

    Comparative or Contributory Negligence 

    The principle of fault or negligence is fundamental to personal injury law. Unless this can be established, the liability cannot be fixed on the right party.

    Insurance companies who make the settlement payouts have to establish liability and prove negligence. The first question that is asked is generally “Whose fault was it?”

    However, it’s not always easy to get a clear answer to this question. In some slip and fall accidents, there may be a certain portion of fault that can be attributed to one party, while there could be a smaller proportion of fault that can be attributed to the other.

    Contributory negligence can be defined as some behavior that caused an unreasonable risk to oneself, assuming that the person acts in a reasonable way. When the claim is filed by the plaintiff, the defendant may file a counter-claim stating that the accident happened due to some action of the plaintiff’s. If proved, this can affect the outcome of the claim as it may be dismissed.

    Comparative negligence is an approach that many courts tend to admit since this helps to speed up the settlement process. This concept deems that if the plaintiff contributed in anyway to the accident, it can be taken as a percentage, and the negligence can be divided proportionately between the two parties. Hence, the settlement amount can be reduced/increased proportionately.

    Even if you feel that you may have contributed in some small way to the accident, don’t hesitate to contact an experienced Belleville personal injury lawyer without delay, since this does not deter you from seeking compensation.

  • Belleville Persona Injury Lawyers: Understanding Comparative or Contributory Negligence In Slip and Fall Accidents

    January 3, 2018

    When people sustain a slip and fall accident, often the overwhelming emotion is shock. This is followed by a feeling that somehow this was the result of one’s own carelessness. Most of us have had our share of laughing at the slipping on a banana peel type of slapstick humour in film and television. Hence, we generally feel embarrassment, look around to see if anyone’s noticed and then hurry away from the spot, if we haven’t been seriously injured.

    However as Belleville personal injury lawyers know from experience, this may not be the best thing to do under the circumstances.

    Accidents are rarely “accidental.” They result from someone’s fault, negligence or breach of safety norms for various reasons. Seriously injured victims face enormous physical, financial and emotional burdens along with their family-members who have to take care of them while they recover their health. Such victims are entitled to seek compensation from those whose acts of omission or commission caused the accident. This is achieved by filing a personal injury suit against the at-fault party.

    Many serious injuries tend to appear minor in the early stages and worsen if left undiagnosed and untreated. From a legal point of view, not reporting the accident or getting medical attention makes it difficult to establish the causal connection between the accident and your injuries.

    Another important aspect is that the compensation process is governed by strict time limits and statute of limitations guidelines. If you find at a later stage that your injuries are more serious than previously assumed, it may be too late by then to file for compensation.

    Comparative or Contributory Negligence 

    The principle of fault or negligence is fundamental to personal injury law. Unless this can be established, the liability cannot be fixed on the right party.

    Insurance companies who make the settlement payouts have to establish liability and prove negligence. The first question that is asked is generally “Whose fault was it?”

    However, it’s not always easy to get a clear answer to this question. In some slip and fall accidents, there may be a certain portion of fault that can be attributed to one party, while there could be a smaller proportion of fault that can be attributed to the other.

    Contributory negligence can be defined as some behavior that caused an unreasonable risk to oneself, assuming that the person acts in a reasonable way. When the claim is filed by the plaintiff, the defendant may file a counter-claim stating that the accident happened due to some action of the plaintiff’s. If proved, this can affect the outcome of the claim as it may be dismissed.

    Comparative negligence is an approach that many courts tend to admit since this helps to speed up the settlement process. This concept deems that if the plaintiff contributed in anyway to the accident, it can be taken as a percentage, and the negligence can be divided proportionately between the two parties. Hence, the settlement amount can be reduced/increased proportionately.

    Even if you feel that you may have contributed in some small way to the accident, don’t hesitate to contact an experienced Belleville personal injury lawyer without delay, since this does not deter you from seeking compensation.