Whenever one person’s negligence causes an accident, that negligent individual can be sued by any injured party. That fact holds true, even if the injured party has contributed in some way to occurrence of the accident. So, how does the law deal with the victim’s/plaintiff’s own negligence?
What evidence must be brought forward for someone with a personal injury claim to prove that same claim?
• Evidence that the negligent party had a duty of care towards others.
• Evidence that the negligent party failed to take responsibility for that same duty of care.
• Evidence that because the defendant refused to accept his or her responsibility the victim/plaintiff was injured.
• Proof that the defendant’s actions caused the plaintiff/victim to become injured.
How that list could be applied to an injured victim:
That same person (the victim) had a duty to care for his or her own body, as well as the bodies of others. That duty of care was not demonstrated; the victim acted in a neglectful and careless manner, as regards to his or her own body.
By acting in such a way, the victim actually invited performance of the harm that was done to him or to her. In other words, Car Accident Lawyer in Waterloo knows that the victim bears part of the blame for any accident-caused injuries. That victim has been assigned a portion of the blame for that one specific accident.
Actions taken by the courts in response to the above list of evidence.
The courts will fine a person that has been charged with injuring another person, by acting in a careless and neglectful manner. The size of that same fine might get lowered, if the court finds that a portion of the negligence was demonstrated by the victim, rather than by the defendant. In light of such evidence, the court would diminish the size of the amount of money awarded to the plaintiff, as compensation for the accident-caused injuries.
In other words, the negligence of both parties has resulted in a loss, one that can be compared to the value of a certain amount of money. One person must pay a fine, owing to his or her negligence, which managed to cause an accident. On the other hand, the victim must forego a portion of the promised award, because he or she actually helped to cause the accident that resulted in the appearance of the victim’s injuries.
Usually, the judge and jury determine exactly what portion of the accident the victim caused. If that figure alludes them, then the 2 sides must share equal responsibility for the victim’s injuries. In that case, both sides make the same monetary sacrifice. In other words, both sides get penalized for their careless and neglectful actions.