When someone has an accident for the first time, it is easy to be confused because one does not know what procedure to follow after the aftermath. It’s possible that the one affected does not know or understand the process that follows after an accident and they might not be aware of their legal rights. This article elaborates on the importance of a Tampa car accident attorney and why an attorney is needed when someone has an accident.
If a car accident happens and the client happens to be involved, they may end up with physical body injuries and their vehicle may be dented. The client will need a car accident attorney to explain their legal rights concerning the accident and any possible liability for the other parties involved. Tampa car accident lawyer will help answer all the questions that the client may have concerning the road accident.
One of the key things that the attorney and the client need to find out is who was in the wrong when the accident happened. Accident compensation claim calculations may be made after the level of fault for each of the parties involved in the accident has been established. The process of determining the party in fault varies from state to state depending on the state laws of negligence. Knowledge of the degree of negligence for each party will help in determining who will be responsible for the injuries and damage caused by the accident.
In determining the compensation to be received there are three models used: comparative negligence, pure comparative fault, or proportional comparative fault. In comparative negligence, the percentage of fault for the claiming party is determined and if it exists, even if very minimal, then the party is not entitled to any compensation. Comparative Negligence is also known as Contributory Negligence. This model is not used widely today but people have used other proportional forms of comparative negligence that will allow a party to claim compensation even if they were partially at fault.
In pure comparative fault, the damages incurred are reduced by the percentage of fault of the claiming party. For example, say that a client’s accident damages amounted to $10000 and that their percentage fault is 20%, the client’s damages may reduce to 80% of the actual damages. Therefore, they may be compensated $8000 in this case.
For states that use Proportional Comparative Fault, the client will not receive any compensation caused by an accident where their percentage fault is above a set value. In most states the set value is 51% meaning that if their percentage fault exceeds 51%, they will not receive any form of compensation. In other states, the set value is 50%.
Who determines the percentage fault and how is it calculated?
This is when Tampa car accident attorney is required. Usually, the insurance company claims adjuster is responsible for assigning the relevant degrees of fault based on the factors surrounding the car accident. This is not always to the benefit of the insured. The car accident attorney will examine the accident and help get the highest compensation due.
It is therefore crucial to contact a Tampa car accident lawyer who will help reduce the percentage of risk and hence help clients earn the correct compensation.
Hopefully, you will never be in a position in which you need the legal services of a Tampa car accident attorney, but in the event that you do, please give Hoag Law Firm a call at (727) 231-5420 or complete your online Free Case Evaluation. A free consultation can help you understand your rights. With honest advice and an experienced Tampa personal injury attorney at your side, you can recover the largest possible settlement and get back to living your life.