Know All About Negligence From A Personal Injury Lawyer In New Westminster

The primary objective of the Personal Injury Lawyer in New Westminster is to prove negligence of the defendant. How substantially and successfully the lawyer proves such negligence, will determine the final outcome of the personal injury claim lawsuit. The attorney will put in all effort and use all available resources to prove liability of the defendant to pay the claim amount. You must know that without negligence proved, you will not be able to make any claims and for this several proofs and documents are required. Therefore, when an injury lawyer takes up a case the potentiality of proving negligence is essentially considered.

Importance of Negligence

In no court of law, verbal statements and claims are accepted. Similarly in a personal injury lawsuit, the Personal Injury Lawyer in New Westminster will need to prove negligence with the help of the available proofs and evidences. This is the primary criterion of personal injury law and is based on specific parameters. These parameters are used to determine the degree of negligence both for the defendant as well as the plaintiff. In terms of personal injury law these parameters are called the Reasonable Duty Of Care or simply duty of care. This parameter is set according to the actions of a responsible person, under the same given conditions.

Contributory Negligence Rule

Out of the two types of negligence rule followed by the Personal Injury Lawyer in New Westminster the most commonly followed type is the Contributory Negligence Rule. This is a specific type of negligence that involves a single party primarily the defendant. This rule is used to establish that the defendant is fully responsible to cause the accident in the forts place that resulted in the injuries suffered by the plaintiff. According to this rule and when it is proved the defendant will be held liable and will have to pay for the entire amount claimed by the injured plaintiff in the complaint.

Comparative Negligence Rule

The second type of negligence rule, followed by the Personal Injury Lawyer in New Westminster is Comparative Negligence Rule. Judging the claim case from different angles and perspective and with intent to provide justice, to both the plaintiff as well as the defendant,such negligence is determined. In this type of negligence the plaintiff is also responsible to cause the accident to a certain degree. The degree of involvement will determine how much the amount will be reduced.

The Payment Rule

To have an eligible claim the defendant should be more than fifty percent negligent. If it is found according to comparative negligence rule that the plaintiff is more than fifty percent guilty then the defendant will be relieved from such liability. Moreover, the law followed by the state in which the accident occurred will also affect the payment of claims. If the accident occurred in a no fault state then you will have to claim from your insurance company and not the defendant. There are even a few states that follow one bite rule when it comes to animal attack and dog bite injury case, where the defendant will be relieved from making any payment. To read more Click Here