No case that concerns personal injury law can be decided, until the responsible party has been identified. Certain questions aid the process of carrying out that identification process.
How do you prove that the other party was at-fault?
The insurance company does not expect proof, but it does expect to be provided with a reasonable argument. Ideally, the claimant should strive to show that the other party behaved in a careless and neglectful manner.
What is shared fault?
That is the result obtained in a courtroom, if both parties have demonstrated some degree of carelessness or neglect. The judge and jury then decide which party has been more careless. The person that demonstrated the greater amount of carelessness then receives a smaller portion of the available compensation package.
Present day motorists have begun insisting that some pedestrians should be charged with shared fault, after being hit by a motorist. Motorists contend that too many pedestrians are looking at a hand-held device, while crossing the street.
Suppose that an injured victim had a pre-existing condition. Would a court’s awareness of those facts mean that the defendant could not be asked to provide that same victim with any type of compensation?
No, that would not be the case. Every person has the right to expect to have the chance to seek freedom from harm. Anyone that has behaved in a careless and neglectful manner must pay the price for that behavior.
Still, that does not mean that the defendant’s lawyer might not try to convince a jury that the plaintiff was guilty of shared fault. That defense lawyer might insist that the plaintiff should have been wearing some type of protective device.
In that situation, the plaintiff’s attorney in Chicago Heights would need to bring in an expert. A medical expert could say whether or not patients with the plaintiff’s specific condition are cautioned about not taking part in certain activities, or not hesitating to wear a certain protective device.
Could there be a situation where no one was declared at-fault?
If a driver had submitted a 3rd party claim for damage to his vehicle, but the other driver’s insurance company did not believe that the evidence supported the claimant’s story, then the driver that had been blamed could look for an attorney, in hopes of suing the other party.
Suppose, however, that no attorney wanted to take that newly emerged case, because no one had been injured, and the damage had been slight. In that situation, no one would be filing a claim. No one would be charged with responsibility for the accident. Both parties would have to ask their own insurance company to cover the cost of repairs to their damaged vehicles.