The term fault refers to negligence causing the injury of another person. For example, in personal injury cases, fault establishes who is liable to cover the damages of an auto accident.
In personal injury claims, one of the first steps is determining who is at fault. This will determine who will be liable for the costs of the accident and the injuries that follow. In some cases there are multiple people who are at fault.
The person who was injured will then have to prove the other party was at fault to file a claim for their damages. For someone to be liable for these costs, they must have exercised a degree of negligence. Negligence is a term that refers to a degree of carelessness that leads to injuries.
Determining Fault And Liability
Typically the insurance company of the driver liable for the accident does an investigation. They do this by hiring an accident investigator. They do this to determine which party was negligent in causing the car crash. The at-fault driver’s insurance company will then be liable to cover the damages.
A smart move for someone injured in an auto accident would be to hire an expert auto accident lawyer. Having an experienced team of personal injury lawyers investigating an accident can significantly help someone when determining fault and liability. On the other hand, insurance adjusters often try to debate liability for the accident. An expert car crash attorney will then file a personal injury lawsuit. At that point, the liability will ultimately be determined by a jury in civil court.
Comparative Fault
Some personal injury cases have more than one party who were negligent in causing an accident. These cases may then fall under comparative fault or comparative negligence.
When both the defendant and the plaintiff are partially at fault for an accident, this is called comparative fault or comparative negligence. If this happens, each party is awarded for a percentage of the damages corresponding with their percentage of fault. A judge of the jury determines and assigns what these percentages will be.
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