Is Proving Negligence The Primary Job of A
Boynton Beach Injury Attorney?
The most significant reason to hire a Boynton Beach Injury Attorney is to prove the defendant negligent,and was responsible for causing the accident. This is the primary requirement of personal injury law and is not at all an easy task. A lot of experience and expertise is required to prove negligence, along with an equal quantum of documents and proofs. With negligence having been proved, there will be no claim even, if you are severely injured. In the court of law, nothing is accepted without any proofs and evidence to support it making the process foolproof, but difficult. To ensure all documents are collected and preserved, you will need an injury lawyer.
Counter the defense
The opponent party with the help of the defense lawyer will raise a lot of argument to prove innocence and the plaintiff to be guilty for the accident. They will say that the plaintiff did not have any business at the accident spot that resulted in a slip and fall injury or may say that the victim was jaywalking on the road and therefore, was hit by the car. There are a lot of different defenses that can be raised, depending on the type of case. However, in all types and situations they will want to prove you guilty, which the Boynton Beach Injury Attorney has to counter.
Contributory negligence rule
In personal injury law, negligence can be contributory or comparative. In contributory negligence, the person who contributed in the accident is held liable and guilty. In such cases, the person has to pay the entire claim amount to the injured party. On the other hand, if the person injured is found to be at fault the claim amount will be negated. However, in most of the states, different types of negligence rule is followed and it is the job of the Boynton Beach Injury Attorney to know the law of the state first and then proceed further to prove negligence.
Comparative negligence rule
In most of the states, comparative negligence rule is followed. The Boynton Beach Injury Attorney will look at the case from the viewpoint of both the injured plaintiff and the injury causing defendant. This is done because in some cases, both the parties are at fault. To ensure that justice is not denied to any party, this rule determines the degrees of involvement by each party in causing the accident. This helps in determining the final amount of claims for the injuries.
Escaping the payment
There are a few specific rules followed, when the defendant can be set off the hook and relieved from making any payment to the injured plaintiff. Once again the law of the state will be predominant in such cases. In some states, if the plaintiff is found to have contributed to the accident by even 1 percent, the entire claim may be rejected. However, in most of the states the claim amount is reduced, according to the percentage of involvement by the plaintiff. However, if it is more than fifty percent, your claim will be rejected. For more information visit here: Drucker Law Offices