Arizona Contributory Negligence- When You are Partially at Fault
If you’re hurt in any sort of accident, it’s probably fair to say that the other party wasn’t 100% at fault. Rarely can we ever say one person is totally responsible for an accident. Sure, they may be primarily responsible. But there’s always the chance that you could’ve behaved differently. Imagine that you slip and fall in the grocery store. The owner of the store claims that you fell because you were wearing high heels in the produce section. The same may be true in a car accident. Most people know that if you’re hit from behind, the rear driver will almost always be found to be at fault. There’s always the chance, however, that you’ll be found to be partially at fault. The good news is that, even if you’re partially at fault, you can still collect damages in Arizona. It’ll be a matter of your Arizona personal injury lawyer’s proving that you were less at fault when compared to the defendant.
You can be found partially at fault in just about any type of lawsuit. In order to prove your case in a personal injury case, your Arizona personal injury lawyer will need to show the following four (4) things:
- The defendant owed you a duty of care – This isn’t all that hard to prove. Depending on what sort of accident you’re involved in, this can be done in a variety of ways. For example, if you’re involved in a car accident, the other driver is required to follow all the traffic rules. If you fall into the grocery store, the property owner is required to keep the premises safe and clean. Once your Arizona property injury lawyer shows that they owed you a duty of care, they need to show that they breached it.
- The defendant breached their duty of care – This is the hardest part of most injury cases. You need to show that the defendant did something (or didn’t do something) that they should have. For example, if you’re involved in a rear-end accident, you can show that the other driver was speeding prior to the accident. If you’re injured in a slip and fall, you can prove that the manager didn’t put up “wet floor” signs. There are a lot of ways your Arizona personal injury lawyer can do this. It all depends on the facts of your case.
- You were injured – A lot of people think that they’re entitled to compensation just because they were involved in an accident. The truth is that, in order to get damages, you need to show that you were injured. It is your attorney’s job to make you whole – it isn’t their job to make you rich. Very few people come out of a personal injury lawsuit in much better shape than they were prior to the accident. The goal is to make sure you don’t suffer any out-of-pocket losses. In order to do this, you need to submit copies of your medical records. If you’re demanding compensation for lost wages, you need to submit copies of your paystubs.
- Your injuries were caused by the defendant’s breach of duty – Most of the time, it can be naturally presumed that your injuries were caused by the accident. There are times, however, when it isn’t that easy. Consider a case where someone is in a car accident. They demand damages for a back injury. The defendant’s attorney is able to show that their back was in terrible shape before the accident. It may be hard to prove that your back injuries were actually caused by the crash.