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What Happens If Victim of Accident Was Partially To Blame For Same Incident?

In that case, the victim loses his or her right to recover 100% of the value for the claimed losses. Different states approach a determination for the extent of the victim’s loss in different ways.

Most states have adopted a principle of comparative negligence.

According to that principle, the court cannot bar the victim’s ability to recover at least some portion of the available compensation. Still, no victims that have been charged with comparative negligence can gain the full compensation.

The size of the monetary package that is given to the victim/claimant gets lowered in proportion to the degree of the same claimant’s fault. Consequently, the defendant must pay an amount of money that corresponds with his or her degree of blame.

Arguments used by adjusters that hope to saddle a plaintiff with a charge of comparative negligence.

The plaintiff carried out some type of reckless action during the moments before the accident’s occurrence. For instance, in a slip and fall case, the adjuster might allege that the plaintiff had taken his or her eyes off of the direction in which he or she was headed.

The plaintiff had failed to perform an action that would have helped to prevent the accident, or would have diminished the severity of the reported injury. The introduction of air bags in cars has provided adjusters with another action that a careless plaintiff might fail to perform. The air bag mechanism is supposed to be turned on, after the driver gets into the automobile.

The plaintiff failed to seek medical care during the 24-hour period that followed the accident’s occurrence. Adjusters interpret such a failure as an action that could have prevented the administration of immediate treatment. In other words, that particular action has showcased the possible introduction of aggravating factors.

The plaintiff did get seen by a doctor, but then failed to follow the doctor’s orders. Actions that reflected a claimant’s failure to follow a doctor’s orders would include things like not taking the prescribed medicine, not going to a scheduled appointment, or not obeying certain instructions.

Usually, those instructions relate to the sorts of movements that would slow the recovery time for a given injury. That is why insurance companies have some of their adjusters reviewing the postings on the various social networks, as per Personal Injury Lawyer in Waterloo.

Each such adjuster hopes to discover a photograph of a claimant that has chosen to engage in an activity that calls for the performance of a forbidden movement. Such a discovery could provide support to an argument that had been introduced by the defendant’s team of defense lawyers. A good personal injury lawyer works with the injured client, in order to prevent the introduction of any such supporting evidence.