The personal injury lawyer strives to show that his or her client played no part in aiding occurrence of the injury-causing accident. The person at fault must compensate the injured victim. So, how do such injury lawyers in Chatham present their case? How does each of them offer evidence that the defendant was legally at fault?
Questions that might be answered by examining the evidence
Of the two parties, which one was more careless? Which one was more negligent? If both played some part in creating a dangerous and accident-prone situation, then that fact will determine the amount of compensation given to the victim.
If the accident took place in a state that recognized compensatory negligence, then the amount of the victim’s compensation would be reduced in proportion to the amount that he or she contributed to the causes for the accident. If the accident took place in a state with contributory negligence, the victim would not get a single cent in compensation.
Was the injured person in a logical location? Was he or she in the spot where others would expect him or her to be?
What happened after the accident? Did the victim mitigate his or her injuries by seeing a doctor, or did the victim act in a way that made a given injury worse?
Cases in which a third party might be declared at fault
A worker becomes a bit careless in the workplace. Consequently, someone gets injured. The worker’s employer could be held responsible. That fact explains why some employers work hard to make employees aware of the need to keep safety measures in the front of their minds.
An institution arrives at a method for storing its supplies. Someone gets injured by a box that fell from a supply shelf. The institution could be held accountable, because it had no barrier around the boxes on the shelves.
A customer with a walker enters a restaurant. The sliding door starts closing before the customer gets through it. The door hits the walker and the customer falls over and breaks a leg. The restaurant admits to being at fault and offers a given amount of money as compensation.
In this case, the restaurant might have sued the company that was supposed to keep the door working properly. In that way, the restaurant might get back at least some of the money that it had paid the injured victim.
A manufacturer makes tool that can be used during an endoscopy. The same tool does not get properly sterilized, even after being autoclaved. As a result, it can harbor bacteria. Consequently, patients that have an endoscopy develop an infection. In all likelihood, the manufacturer would be found at fault.