How Contributory Negligence Affects Your Case?

While the potential injuries of everyone involved in a motor vehicle collision should always the first and main priority, it often isn’t long before people begin shouting accusations. The moment police step onto the scene, people will start accusing others of being responsible for the crash. That is why it is essential to let a personal injury lawyer work on your case. They will be able to protect your rights and help you get justice and a fair amount of compensation.

Statutory Accident Benefits

No matter who is determined to be liable, the people involved will become eligible to Statutory Accident Benefits, which vary depending on the severity of the sustained injuries. You might need the services of a personal injury lawyer in Waterloo to assist you get the claimed damages. They understand the nuances of the claim process and can help draft a strong case.

Filing A Claim

If your injuries are the result of somebody else’s negligence, you could be eligible to file a tort claim or civil lawsuit against said liable party. This is in order to achieve compensation for medical expenses, lost wages, pain and suffering, or other losses that have resulted from the accident.

Such claims and lawsuits are dependent on determining who to hold liable for the accident, and that isn’t always so clear cut when it comes to collisions. Even when something seems that way to you, the insurer of the defendant will likely argue for contributory negligence.

SABS – The Basics

SABS, which is short for Statutory Accident Benefits Schedule, serves the purpose of determining which benefits should be included in every standard automobile insurance policy, as well as how high they should be. The selected benefits are then awarded based on how severely somebody was injured. Whether they are found liable for the accident doesn’t matter here, which is why they are often also called no-fault benefits.

Tort Claims

Since no-fault benefits are rarely enough to cover all expenses, many injured who have fallen victim to another’s negligence will choose to pursue a tort claim or lawsuit against the negligent party. The purpose of these claims is to return the plaintiff to the quality of life they would have had, had they not been involved in the accident.

Contributory Negligence

Tort claims also recognize contributory negligence as a possibility. If this ruling is made, then it has been proven that the injured is also partially to blame for causing the accident, and they will thus not receive full compensation for their losses. In these cases, the fault will be split by percentages, and based on that, the percentage of liability assigned to them will be deducted from their compensation.

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