An accident can often have devastating financial, physical, and emotional consequences. If someone else caused the accident, it is your legal right to claim compensation for any damages suffered as a result of the account. A successful claim requires more than filling out a few claim forms and filing them with an insurance company; you’ll need the help of a professional personal injury lawyer specializes in accident claims and understands the nuances of injury claims. This is the only way to ensure that your claim is handled properly.

To successfully prove a personal injury claim, you must prove that the person or organization that is responsible for the accident is negligent. Evidence such as eye-witness reports, photographs, and/or expert testimony will be necessary to prove beyond a doubt that the fault lies with another. Any insurance company will attempt to determine if you were at fault in any way and also if you took prudent care before the accident. If you are found to be at fault, or have a part of the blame, it is called contributory negligence.

If contributory negligence is found, a personal injury lawyer will assure that your fault is assigned the proper blame percentage. If you do not have a personal injury lawyer it is far too easy for the insurance company to apply a higher than necessary percentage, which lowers or could even eliminate your compensation. Several states now use what is termed comparative negligence when determining victim damages, and it frequently is left to a judge and jury to apportion percentages based on the evidence presented to them.

Other states consider that pure comparative negligence is unfair to injury victims and so it is not used. Another 12 states utilize comparative negligence in a modified form where a 50% rule is practiced. This means that if an accident victim is determined to have been over 49% to blame, then they are ineligible to recover any compensation. As this modified comparative negligence is decided in court, your personal injury lawyer will recommend whether or not to proceed with your case.

The vast majority of states, however, utilize a 51% rule. Similar to the above-mentioned modified comparative negligence rule, this rule allows you to be 50% at fault and still receive compensation for your injuries. Whatever the circumstance, it is wise to seek the counsel of an experienced personal injury lawyer prior to making your claim. Your lawyer will help you determine if your claim should be pursued and also advise you on the evidence that you will need to prove liability.