Suppose you get in a car accident and both the drivers sustain injuries. If you believe that the accident happened due to the negligence of the other driver, you can file a lawsuit to claim damages. After the defendant (other party) has been given enough time to prepare for the lawsuit, they can come up with three different options which are:
- They admit that they were completely at fault for the accident.
- They completely deny that they were at fault.
- They claim that they were not completely at fault, and that it was also your mistake. This is called contributory negligence.
Why Would The Defendant Make The Contributory Negligence Claim?
There are cases when a defendant might propose to divide the damages of the accident. These are usually split into percentages. Suppose you both were equally at fault for the accident so they might offer an even split whereas in cases when they’re more to blame, then they might propose that you cover some damages while they cover the rest. There also has been an instance when the claimant filed a lawsuit and was found to be more at fault than the defendant and had to cover more of the damages.
Factors Influencing Contributory Negligence
A defendant can also claim that the claimant did not take adequate care of themselves. For example, suppose you’re crossing a road and get hit by a car, there are a lot of things that the defendant can make an argument for, such as you were not looking properly, you were using your phone, or that you may have consumed alcohol before crossing the road.
Its Effect on Your Compensation Value
The compensation value is also affected by how much at fault both the parties are. As mentioned before, the defendant may propose a split. However, if you don’t accept and pursue it in court then you have to make necessary preparations to prove your claim. In that case, a judge will decide which party is at fault and make the necessary split.
So if you’re looking to make a strong case in front of the judge then hire our personal injury lawyers. We are an experienced law firms in Canada with a team of highly experienced lawyers. We also have immigration lawyers that can help you with all sorts of visa issues. So, contact us now and consult our team for legal advice.
