Having a car accident for the first time is an unpleasant situation no doubt. In such moments, people are startled and confused about the necessary steps to be taken. Most of the time, the victim is not aware about the process to be followed after the accident. As a result, they miss out to claim their legal rights. This is the reason, one should contact with a top rated car accident attorney, immediately after having met with a fatal car accident.
Read on to understand the significance of hiring a car accident attorney at the proper time.
Get all doubts cleared
If you have met with an uninvited car accident for the first time and have numerous questions flooding your brain thereafter, it’s time to seek help from an experienced attorney. If you end up being seriously injured and your vehicle is dented, seek legal help from a car accident attorney. The professional lawyer will explain all the legal rights regarding the car accident. He will also make you well aware about the responsibility and liability of the other party involved in the accident. All your questions concerning the accident will be answered properly by the expert car accident lawyer.
Who was guilty?
The first and foremost information that should be found out by the attorney is, who was guilty during the accident. Before you take help from a top rated car accident attorney and claim your compensation, the intensity of fault of both the parties concerned with the car accident, should be judged. The state laws of negligence is the body to determine the level of flaw of each of the parties. This process of judging the fault of the concerned party, varies from one state to another. Once the information about the intensity of the fault is gathered, it becomes easy to determine which party is responsible for injury, physical and mental damage and car damage caused to the other.
Three ways to determine compensation
Generally, three paths are used to determine the proper compensation amount to be expected. These three ways are-
- Proportional comparative fault
- Pure comparative fault
- Comparative negligence
As far as Proportional Comparative Fault is considered, in this case no compensation will be provided to the victim concerned, if it is found that his degree of guilt is surpassing a pre-set value. This value differs from one state to another but generally it is 51%. This makes it clear that the client will not be offered any compensation if his guilt exceeds the 51% mark.
In case of Comparative Fault, damage occurred is abridged by the degree of fault done by the claiming party. If the damage caused to the client comes to INR 10000 and his fault percentage is 20, that the injury cost will be condensed to 80% of the real damage.
Last but not the least, in case of Comparative Negligence, initially the guilt of the claiming side is determined. If they are found guilty, even if very paltry, then that party does not come under any compensation.
The above discussion thus makes it clear that hiring the best car accident attorney is the most important step to take.
