What if Multiple People are to be Blamed for your Injury?

Published on: 28 February 2019 Last Updated on: 24 February 2020

Car accidents are by definition complicated, and when more than one person is to blame for one, they can get even more so. That is why it is so important to fully understand what just happened and where to place the blame. It is necessary to determine the group of people or an individual, whatever the case may be and figure out where responsibility is to be assigned for the crash and the resulting trauma.

When We Talk About Fault, What Do We Mean?

Legally, fault refers to the person accountable for affecting harm. This harm might have happened through careless actions that may be defined as negligence. Once the fault has been determined, the individual at fault is bound to pay-up compensation entirely for causing damage and other material or physical losses that result as a consequence of that injury. In case a lawsuit pertaining to a personal injury ends up at court, a civil jury can decide the result of the verdict in favor, which in turn could be a very substantial amount.

Yet, in some cases, more than one person may be at fault. That means that both people involved in the accident may have contributed to it happening to a greater or lesser degree. This may result in both of them being considered at fault. To determine the amount of blame that falls on each individual in an injury case of a personal nature, all states follow some version legalities which involve one of two rules:

Contributory negligence
Comparative negligence

Contributory Negligence:

Negligence of a contributory nature considers that if you are in any way guilty of causing your own injury, you do not have the right to make anyone else accountable for it. In an ideal Contributory Negligence structure, if you are even 1% at fault, the law withholds you from collecting any compensation from a person who is potentially 99% at fault, even if you’re out hundreds of thousands of dollars in damages. If it is determined that you have been marginally negligent, you receive nothing. Although an extremely harsh rule, it is still commonly used in some states.

Comparative Negligence:

The first thing that must be figured out if one needs to understand the comparative negligence legality, is the extent of fault that falls on each person that was involved in the accident. In most instances, both individuals turn out to be negligent to a certain degree. The sitting judge or the as the case may be, would determine the percentage or quantum of fault assigned to each that contributed to the accident. It may be determined that one of them is 60% responsible while the other one is only 40% to blame. In these cases, each party can collect damages that are commensurate to the percentage of fault that would be assigned to the other party.

Some states adhere to a strict comparative negligence rule, while others hold a structured point to determining the quantum of fault assigned to an injured plaintiff.

What Legal Rule Does Florida Follow?

Florida is a pure comparative negligence state.

If you have been involved in a car accident and need someone to be by your side, there are several reputable personal injury lawyers, like the attorneys at Friedland& Associates, who are knowledgeable about the ins and outs of the Fort Lauderdale civil courts and car accident litigation. Call them today to receive a free consultation.

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Things To Consider Before Hiring A Divorce Lawyer

Going through a divorce is already traumatic. Hiring a divorce lawyer shouldn’t be. You already have so much to think about. If you have children and combined assets, the process of divorce would become even more tangled. If your lawyer is good, you can avoid a long tussle and solve things fast so you can put the disturbing past behind you and move on. Hiring a lawyer is a very important task. Your future is at stake here. Your emotional and financial health is in your lawyer’s hands. The longer you have been in the marriage the more tangled the case becomes. If you have debts, dividing these could be tricky. There would be a lot of clauses that need to be looked into to divide these debts and assets. If you’re going through the divorce with a lawyer, chances are that your partner has a lawyer too. Since law proceedings can go any way, it is extremely important that you choose a lawyer that can help you get your fair share of the years and life that you built together with your partner. We can understand that the entire situation must be really overwhelming for you so we’ve put together a list of the top factors that you need to consider while hiring a lawyer. Things To Consider Before Hiring A Divorce Lawyer: Attorney’s experience: It goes without saying that your attorney must have experience with divorce proceedings. Law is a tricky boat to steer and unless your lawyer has some experience he would not be aware of the obstacles he needs to steer past. Now even while looking for a lawyer, check their credentials and certifications. You could personally check up with these some of the people they’ve worked with in the past. It would give you a fair idea of how the lawyer works. The biggest thing that you’d find out is their credibility. It is important that you go through many of their previous clients to make an informed decision. Fred Coover of Coover Law advises considering the experience and local reputation of a divorce lawyer before hiring them. Any big decision needs groundwork. Put in some time and effort to browse through the lawyer directory in your area and sift through their cases. Everything is available online, so you could do this any time. Lawyers generally have multiple cases in different branches that they work in their careers. Choose a lawyer that has experience in specifically divorce cases. This would tell you that they know their way around divorce proceedings. Background check: After checking their experience, check up on the lawyer’s background and how credible they are. If they have a reputation of unscrupulous methods of filing and fighting cases, you may want to steer clear. You don’t want to be stuck with a lawyer who doesn’t do things ethically because this could put your case in jeopardy as well. Divorce proceedings should be a one-time thing. You don’t want to go through the mental trauma again. If your lawyer employs unscrupulous methods, the case could be open again and you may have to compensate more than you received in the divorce hearing. Contact the local bar council and find out about the lawyer you’re thinking of hiring. They would be in the best position to advise you and give you information about the lawyer you’re seeking. Communication: Since filing cases is all about communication, when you meet the lawyer, you must be able to communicate with them effectively. Everyone’s way of communication is different and you must find one for yourself with whom you can communicate. If you feel like the lawyer isn’t true to what they say, move on to the next. Most lawyers who have been in practice for a long time have a fixed way of working and you shouldn’t have problems. In case you do, move on to find another attorney. They must be available for you via calls, emails or be open to meeting in person in their work hours. This shows that the lawyer is committed to your case. As Jim Parke from leading Melbourne law firm tells us, “Divorce is a very emotional and stressful time for the parties involved. It’s important to hire a lawyer who is sympathetic and understanding but also acts swiftly so things can be done in a timely manner”. The last thing you want is a drawn-out process which makes the event even harder to deal with. His legal practice ensures divorce proceedings are taken care of quickly. Fees of the attorney: While hiring a lawyer, inquire about their fees. Some lawyers charge by the hour and some for consultation. The normal rate that most experienced divorce lawyers charge is anywhere between $100 to $200 for consultation. Clear the paperwork and discuss the mode of payment clearly with them. Are the payments properly invoiced? Will any fees be refunded if you don’t employ their services. Lawyers charge a retainer fee which is an upfront fee. Check with the lawyer if this fees will be refunded in case you decide to terminate the contract midway. Ensure that the contract mentions all these terms clearly before signing. Read Also: How To Get A Cheap Divorce In Texas What Are The Grounds For Divorce In Illinois? How Long Does It Take To Get A Divorce In The UK? 3 Reasons Why You Might Need A Family Lawyer Top 7 Reasons To Hire A Private Detective Agency During Divorce Cases 6 Ways To Heal After Divorce From An Emotionally Abusive Marriage Top 7 Reasons To Hire A Private Detective Agency During Divorce Cases Divorce Lawyers In Houston Texas: A Short Guide On Saving Your Marriage

Can You File A Claim In A Single Car Accident?

Car accidents can be complex and stressful situations, but what happens when you're involved in a single-car accident? Can you file a claim in such cases? The short answer is yes, you can often file a claim in a single-car accident, but the process and outcome will depend on various factors, including the circumstances of the accident, the type of insurance you have, and the applicable laws in your jurisdiction. Here, we want to explore the ins and outs of filing a claim in a single-car accident. Determining Liability The first step in filing a claim for a single-car accident is to determine liability. Liability refers to who is legally responsible for the accident. In a typical two-car accident, liability is usually assigned to one of the drivers involved. In a single-car accident, you are essentially claiming that your own actions or external factors caused the accident. Liability can be established in various ways: Negligence: If you were negligent in your actions, such as speeding, running a red light, or texting while driving, your own negligence may be the cause of the accident. Mechanical Failure: If a mechanical failure in your vehicle, such as brake failure, caused the accident, you may have a claim against the vehicle manufacturer or a maintenance provider in the form of a product liability claim. Road Conditions: Poor road conditions, such as potholes, poorly marked construction zones, or lack of proper signage, can lead to accidents, and you may have a claim against the responsible government agency. Wildlife or Weather: If an animal darted in front of your car, or adverse weather conditions caused the accident, you may have a claim if it can be shown that you reacted reasonably given the circumstances. Insurance Coverage The ability to file a claim for a single-car accident largely depends on the type of insurance coverage you have. There are several types of insurance coverage that may come into play: Liability Insurance: This covers damages and injuries you cause to others. If you were at fault in a single-car accident, your liability insurance may cover damages to others involved or their property. Comprehensive Insurance: This coverage typically includes damages to your vehicle resulting from non-collision events, such as hitting an animal or damage from natural disasters. If your single-car accident was caused by an event covered by your comprehensive insurance, you may be able to file a claim. Uninsured/Underinsured Motorist Coverage: This coverage can apply to a single-car accident if the responsible party is uninsured or underinsured or if you are the victim of a hit-and-run. Gathering Evidence To strengthen your claim in a single-car accident, it's crucial to gather evidence. This may include: Witness Statements: If there were any witnesses to the accident, obtain their contact information and statements about what they observed. Police Report: If the police were called to the scene, a police report will be generated. This report can be valuable in documenting the accident and its cause. Photos and Videos: Take pictures and videos of the accident spot, including your vehicle’s damage, the road situation, and any relatable traffic signals or road signs. Maintenance Records: If mechanical failure is a potential cause of the accident, provide maintenance records to show that your vehicle was in good working order. Medical Records: If you sustained injuries, keep records of medical treatment and expenses related to the accident. Filing A Claim Once you’ve determined liability and gathered the necessary evidence, it’s time to file a claim with your insurance agency. Be prepared to provide detailed information about the accident, including the date, time, location, and any relevant circumstances. Your insurance company will investigate the claim and, depending on the circumstances, may approve it. Possible Challenges As mentioned by the Chicago car accident lawyers at Smith LaCien LLP, a claim for a single-car accident can be more challenging than in two-car accidents because there's no other driver's insurance to turn to. You may encounter several challenges: Policy Limitations: Your policy may have limitations on the types of single-car accidents it covers. Read your policy carefully to understand the extent of your coverage. Deductibles: You may have to pay a deductible before your insurance coverage kicks in. Make sure you understand your policy's deductible requirements. Coverage Denial: Insurance companies may deny a claim if they believe the accident was the result of intentional or reckless behavior or if the event is not covered by your policy. Disputes: If your claim is denied or you're unhappy with the insurance company's offer, you may need to engage in negotiations or, in some cases, consider legal action. Legal Considerations If your single-car accident claim is denied, or if you believe you're not being treated fairly by your insurance company, you may need to seek legal counsel. An attorney experienced in personal injury and insurance claims can provide guidance on how to proceed and help you understand your legal rights. Filing a claim in a single-car accident is possible, but the outcome depends on various factors, including liability, insurance coverage, and the circumstances of the accident. If you find yourself in such a situation, it's essential to act promptly, gather evidence, and understand the terms of your insurance policy. Additionally, consider consulting with legal experts to ensure that your rights are protected and that you receive fair compensation for any damages or injuries resulting from the accident. Read Also: Why It’s So Important To Hire A Lawyer After A Fatal Car Accident Car Accidents From Hitting Florida’s Wildlife Car Accidents in California- What Does the Law Say?

First Step To Dealing With Discrimination In The Workplace

Workplace disputes and challenges can be stressful. Daunting, even, when things take a more serious turn. When injustices transpire, it becomes more difficult to work without constantly fearing said injustices. Facing discrimination in the workplace should not deter you from standing up for your rights as an employee. Instead, here are the primary steps to take when they do. Steps To Take Against Workplace Discrimination Dealing with work discrimination can be jarring. You are feeling intimidated, and extremely anxious. Thinking almost everyone is against you. However, your one step can be a big movement for that organization still throwing a blind eye to discrimination. So, here is where you should start! 1. Talk To A Lawyer Regardless of what kind of discrimination you face at work, the distressing fact is that the courts have strict rules for what qualifies under “work discrimination.” You will need an expert who is knowledgeable about this segment of the law to push your claim forward. Hiring a lawyer does not instantaneously mean you are to brace yourself for upcoming court matters. Doing so is a kind of “safeguard.” How? A lawyer can help you recount the charges you are making and inform you about what qualifies under work discrimination, especially what you can legally do about it. That, and in an objective manner. 2. List Down The Offensive Actions Committed Against You We understand that recounting such actions can be painful, or traumatizing for others. Yet this is a crucial step that requires your attention— listing down every offense your perpetrators have carried out. Called a journal for tracking discriminatory behavior, be as detailed as possible with your entries. Be sure to include the date, location, and time each one took place. Alongside these, the perpetrator/s, witnesses (if there were), and other relevant information. 3. Report The Incident There is a possibility of them turning down your claim. Especially if it becomes apparent that you did not report the occurrences. As such, the company should be aware of these workplace events because it is a lawful requirement to act upon them. If they do not implement a body (due to the lack of familiarity regarding this motion), this could be held against them & you. Therefore, report the incident to your superiors and have Human Resources or any relevant department get these in writing and on record. 4. Understand The Incident Aside from speaking with your attorney about it, talk to your manager/s. Although quite in the minority, there are cases wherein acts were not deliberately made. Nevertheless, your superiors need to know of these to talk to the perpetrators and reiterate (or draft) company rules about work discrimination. It’s also an approach to seeking help with respect, and officially reporting the incident. 5. Prepare For Counterattacks And/Or Retaliation Even with legal advisers at your side, be ready for retaliation from your perpetrators. Whether through actions, threatening words, work-related retribution (i.e. disapproval of a raise, vacation leaves, etc.), be ready for them. But do not fret because a work-discrimination lawyer is aiding you every step of the way. The law can be used as your foundation and shield against those who premeditatedly intend for your harm within the walls of your workplace. What Kind Of Counterattacks We Are Talking About (...How To Deal With Them) When you report workplace discrimination, have you noticed subtle changes in how your work is evaluated? Is your performance suddenly being scrutinized even though your work hasn’t changed? Or are you being left out of important meetings? These are common forms of retaliation. But don’t worry, you can handle them! Keep track of everything. Documentation is key when it comes to proving your case later. Are You Being Excluded from Work? Are you dealing with meeting exclusion? Not on the loop on important information to achieve the right results? This is a deliberate strategy used to disempower you. Don’t let this become your reality! Stay focused, ask for what you need, and keep being professionally productive. Letting it be known that you cannot easily be pushed aside sends a strong message. Can You See Corporate Growth? Has a raise or promotion that seemed within reach suddenly been denied? This could be retaliation for your complaint. Look for patterns, keep all communication, and make sure to document everything. Your records will be important if you need to take legal action down the road. Stay focused, and don’t let these setbacks discourage you. Are You Facing Intimidation? Are you dealing with threats and verbal harassment? Unfortunately, this is a disturbing and common form of retaliation. Stay calm, and document any and all inappropriate comments or actions. Let your attorney know about what is happening. Yes, the more documentation, the better it is to prove your case. It Is Okay – You Got To Stay Strong Even if you’re getting hit with counter-complaints, know that it’s against the law for anyone to take revenge. Do you have a record of such avenging acts? Stay calm and be ready so you can easily prove your case rights. Keep going, and don’t let them intimidate or scare you. After all, they know you’ve had the courage to denounce their racism/sexism! They are seeing you as a threat and are scared, hence all the counterattacks. Better discuss these matters with your lawyer and start gaining evidence for your case. Read Also: 5 Safety Awareness Ideas to Maintain a Safe Workplace 5 Ways You Could Have Been Sexually Harassed in the Workplace How to Improve Workplace Security

What if Multiple People are to be Blamed for your Injury?

When We Talk About Fault, What Do We Mean?

Contributory Negligence:

Comparative Negligence:

What Legal Rule Does Florida Follow?

Do I Need a Lawyer for a Car Accident that wasn’t my Fault?

Three Practical Tips And Techniques For New Trial Lawyers

Content Rally

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

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Things To Consider Before Hiring A Divorce Lawyer

Can You File A Claim In A Single Car Accident?

First Step To Dealing With Discrimination In The Workplace

What if Multiple People are to be Blamed for your Injury?

When We Talk About Fault, What Do We Mean?

Contributory Negligence:

Comparative Negligence:

What Legal Rule Does Florida Follow?

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Do I Need a Lawyer for a Car Accident that wasn’t my Fault?

Three Practical Tips And Techniques For New Trial Lawyers

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

Leave a Reply

Popular

Follow Us

Recent

Related