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The following article was published in our article directory on December 15, 2009.
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Whom Do I Claim Against If There Is More Than One Person To fault?

Article Category: Legal

When you face an accident, which were not your blunder then it is crucial to figure out that who was at fault and how it can be showed legally. The determination of liability of one or more persons who were at fault is rather complex. Before you can claim anything for a personal injury, you have to spot clearly, who was at fault.

In case an accident happens due to the slackness of one person, it is easier to know the guilty party, because there was only one person and either you or the other person has to be accountable for the accident. In such a case, the responsibility is easier to be determined legally as well to claim compensation.

As opposed to an accident that is due to the mistake of one person, there are also accidents that take place due to carelessness on part of more than a single person. In such a case, the determination of the legal responsibility can be complicated because there is one person that has to pay the claim and it can be rather difficult to conclude whom to hold responsible among people who caused the ruin.

Another case may be that you are also partially responsible for the accident and the consequent injury. This is called as comparative negligence and in such a case, the compensation of the injured may be reduced to some extent because of the negligence of the sufferer as well.

The reality of determining the person at fault is critical. It makes it important that it should be timely. If you face a situation in which more than one person was at mistake and it was contributory or comparative negligence, then the fault is shared and apportioned between the persons who were responsible for the mishap. In such a case, the insurer makes sure that the responsibility is shared and the relative percentages are determined for the parties who were involved.

The insurance company claim adjuster settles the percentage of fault of the guilty persons. The claim adjuster does it after discussing with the injured party, hence coming to an agreement about the share of fault. The negotiation with the insurance company regarding the evidence of fault for the accident is done on the phone or through face-to-face communication with a representative of the insurance company.

Whether it is one person who is at fault or more, it is usually preferred to reach an agreement outside the court and reach a settlement. This is because if the case is taken to the court, those at error for the accident have to pay not only the personal injury claim, but also the fee for the court and the lawyer.

The reason why so much meaning is given to the identification of the person at fault is that the recovery of your physical as well as financial sufferings is taken from the negligent person in the form of compensation.

Keywords: personal injury claim, accident lawyers, accident claims, injury claim, accident claims

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