Legal Guide

How Does An Attorney Fix Accountability and the Amount of Compensation?

Any car collision is a dreadful experience for the survivor. Whenever accidents occur, you can’t continue your daily activities. These accidents often cause physical damage to a vehicle and may lead to personal injuries, too.

If you live in McMinnville and don’t have much knowledge about state and federal laws, you need legal help after an accident. After an accident, victims are at the receiving end. They have no idea what to do next and legally proceed with the case. 

In such a situation, getting in touch with a McMinnville car accident attorney is the need of the hour. 

You may need to incur a lot of expenses towards getting your vehicle repaired. Similarly, if the nature of your injury is serious, you need to spend a lot of time at the hospital to get cured. In such situations, you are legally entitled to receive suitable compensation. 

Getting Accountability Fixed

Primarily, your lawyer has to fix accountability. After a thorough analysis of the available evidence, the attorney has to identify who was at fault at the time of the mishap.  

The attorney has to fix accountability for both parties. How he will determine the same depends upon his legal expertise and experience. Usually, determining the level of fault varies from state to state. Knowing relevant laws applicable in various states can help lawyers fix accountability to legally go ahead with the case. 

The lawyer can then legally make insurance claims on behalf of his client. 

Types of Compensation Available

Depending upon the economic damage or personal injury, the lawyer will seek a suitable compensation package for you. 

Following are the types of compensation available: pure comparative fault, comparative negligence, and proportional comparative fault.

Pure Comparative Fault: In such types of compensation, the case is closely studied to find the percentage of fault of the accident victim. 

For example, if a client’s accident damage amounts to $20000 and their fault is 30%, the victim will receive 70% of the said amount. In the above case, the aggrieved party will get $14000. 

Comparative Negligence: Under this model of compensation, the aggrieved party may not receive any compensation if any negligence is found to be on their part at the time of driving the car.

In usual cases, an expert lawyer will always help their client receive some compensation even if they had been partly at fault, which led to the accident.   

Proportional Comparative Fault System: Under this model, if the client’s fault is above 50–51% of the accidental damage, they won’t receive any compensation. 

Who Determines the Percentage of Fault?

After an accident, an insurance company official will be the first to assign the relevant percentage of fault to both parties. But it is the car accident lawyer who will scrutinize every angle of the case from a legal perspective to fix the lowest percentage of fault towards his client.

Thus, you need an auto accident lawyer after an accident to help you receive the correct compensation and also prove your innocence in the case. 


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