Black and Johnson Represent Clients Whose Claims Have Been Denied Due to Comparative Negligence
When someone believes a serious injury is due to someone else’s negligence or carelessness, this person may file a claim against the insurance company that would pay financial compensation. Sometimes the insurer denies the responsibility, using various defenses. The injured person may need a law firm such as Black and Johnson for legal representation to prove his or her case. An individual dealing with this type of situation may read more online from read more online from BlackandJohnson.com.
The insurer may argue that the injured person was at fault in the incident, an issue legally known as comparative negligence. Although the vast majority of personal injury cases are settled out of court, the ones that proceed to trial tend to be those in which the insurer decides the injured person was entirely at fault, or nearly so. This leaves it up to a jury to decide what percentage of fault is attributed to the injured person and to the person accused of negligence. If the injured person was only 20 percent at fault, he can still be awarded compensation equaling 80 percent of what would have been awarded if he had no responsibility in the incident. In contrast, if the jury decides this person was 80 percent to blame, he will only be awarded 20 percent.
For instance, a person may take a shortcut through a property owner’s yard and trip on a protruding tree root, fall down and break his ankle. Who is at fault? A jury may decide that the property owner is 80 percent at fault for not keeping the yard safe for people to walk through. They believe the landowner is aware that people cut through the property occasionally or even routinely. The injured person was 20 percent at fault because he didn’t have permission to be there.
Another possibility could be the injured person being declared 60 percent at fault if he were looking down at his phone and not paying attention to where he was walking. The property owner would be 40 percent at fault for not doing something about the problematic tree root.
These are examples of ways Personal injury law firms present their case and insurance company attorneys defend against the claims. Often the two sides can negotiate an agreeable settlement and avoid going to court. An individual who has been injured and is dealing with a denial of the claim may need a lawyer for assistance with this negotiation. For further information, the website discover more at Black and Johnson has it set forth in understandable terminology.