Personal Injury Case & Proving Negligence
Founder/Owner THE FIRM, LLC
After a crash takes place, the first determination that must be made is a determination of who is ultimately responsible for the injury.
Finding that an injury was due to someone else’s carelessness or negligence is key in being able to prevail in a personal injury case.
Regardless of how badly injured one may be, failing to prove someone else is responsible for the injury means there will be no recovery.
a. A key component in determining negligence—especially in car crashes and slip and falls—is getting the testimony of a witness… not just any witness but a witness who actually observed the incident take place.
You need a witness that can testify that you were conducting yourself in a safe, proper, and prudent manner, and at the same time they observed the other person acting in a careless manner.
If possible, it is always good to get the contact information for all witnesses at the scene.
2. NEGLIGENT FREE
a. Contributory Negligence: in Maryland, DC, and Virginia the law requires that you must have been acting prudently at the time you were injured and that you did absolutely nothing wrong in order to recover money for your injury.
This is the law/doctrine of contributory negligence. If you were injured and you were at fault only 1% and the other person was at fault 99% you cannot be compensated for your injuries.
b. Comparative Negligence: In other states, the Court will weigh/balance the carelessness of the people involved and still award money if the other person was more careless and more at fault.
Maryland, DC, and Virginia will not “weigh and pay” but (again) require that you be totally fault free to recover money for your injuries.
You may contact us today at The Firm, LLC (703 227 7157 and/or email@example.com) to discuss your potential issue/claim.
If we believe we can assist you, we will set up a formal consultation with you to further discuss your matter.
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Legal Disclaimer: The above information is created for general information purposes only. As such, the information and contents should not be deemed formal legal advice; nor does the information and contents create a lawyer/client relationship between any party and the editors/creators”. We encourage persons accessing the Newsletter to seek the advice of counsel to discuss their specific legal issues/situation.
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