Every year people pay millions in insurance premiums. You insure your life, car, health, business, and home. When you obtain an injury in any way, however, the same insurance company might accuse you of greed when you make your claim.
In personal injury claims, insurance firms use every trick to make sure you get the lowest amount of compensation. This is why you should have personal injury Aitkenvale-based lawyers to help you navigate the murky waters of compensation.
For you to claim personal injury compensation, you should prove there was an element of negligence by the defendant. Here are the primary forms of negligence in personal injury law.
In injury claims, contributory negligence shifts some degree of liability to the claimant. That is if the court finds the claimant partly to blame for the damage that results from an accident. Though it does not exempt the defendant from blame, it might lower the amount of compensation you get.
This is typically established in medical negligence and violence cases. The court deems the defendant grossly negligent if they are wholly at fault for any damages incurred by the plaintiff. If proven to be the case, the defendant becomes responsible for all the retributory costs of the injury.
This is the type of negligence established when authorities find the defendant liable for injuries caused by someone under their responsibility. A typical example is when one sues a hospital for a doctor’s negligence. Pet owners and parents could also face lawsuits for damages caused by their pets and children.
The defendant can also claim comparative negligence if the claimant is accountable for the injury they sustained. Comparative negligence reduces your settlement in the same measure as your degree of fault. Do not let anyone fool you into thinking a company that hastily wants to settle your claim is fair and has your interests at heart. It is just looking for ways to cut costs and pay you a lower compensation.