In some personal injury cases, the claimant’s or injured individual’s actions may have contributed to the cause of the accident. In other cases their lack of action can also have an impact on the outcome of their case. In either case, there actions or inactions could diminish the amount of compensation they are awarded for their injuries. This is commonly referred to as “contributory negligence.” In other words they failed to take reasonable care for their own safety or their negligence was a contributory factor.
An injury lawyer in Burlington and legal team can still help with your case to ensure that your rights are protected throughout the legal process. However, your right to fully recover damages for your injuries and losses from a motor vehicle accident may be affected accordingly. Some examples where the courts have reduced the amount of compensation that a person receives in a personal injury case include the following:
• A claimant that wasn’t wearing their seatbelt during the accident can be found up to 25% negligent, provided the at-fault party or defendant can prove how properly using a seatbelt could have prevented the person’s injuries or reduced the extent thereof.
• A claimant that wasn’t wearing a safety helmet while riding their bicycle or motorcycle can be found up to 15% negligent. Again, the at-fault party or defendant has to prove that the claimant’s injuries could have been prevented or reduced by wearing a safety helmet while on their bike or motorcycle.
• A claimant that was driving under the influence of alcohol and/or drugs as well as those passengers who were willing to ride with them could be found up to 45% negligent for their actions.
Therefore the courts could legally reduce the amount of compensation by the same percentages of contributory negligence in each case. Furthermore, the claimant in each case should have taken reasonable care to minimize or mitigate the financial losses that resulted from the accident. Even if there is the possibility of contributory negligence in your case, it is still wise to hire a personal injury lawyer Burlington and their legal team to represent you. They will be able to ensure that your part is presented positively thereby minimizing your losses. Such cases need strong evidence and proof of negligence irrespective of the fact whether you are at fault or the defendant is. Thus, it is important to be honest with the lawyer and allow them access to all aspects of the case. That will help them draft a strong case and help you with the procedures.
