The majority of personal injury cases in Salem are based on negligence claims. If you have sustained injuries and are not sure whether somebody else is to blame for them, it can help to understand the applicable law and how negligence-related claims work. Usually, your best source of information regarding your legal rights following an accident is a skilled Salem personal injury lawyer. Your attorney can help you understand your options and the steps you can take to initiate a legal claim. Also, they will explain what’s negligence and whether this applies to your case.
How to Prove Negligence
Negligence is when a party does not meet the standard of care required by a situation. This standard can vary depending on the kind of claim pursued and the parties involved.
In a negligence case, the plaintiff has the burden of proof. Thus, they must prove that the at-fault party had a duty of care, that they breached this duty, this breach caused the accident and injuries, and that the plaintiff sustained damages.
Modified Comparative Negligence Law
Sometimes, liability for an accident can be assigned to more than one party. In some cases, the plaintiff themselves may be partially responsible for the accident. Oregon adopts a modified comparative negligence system. Under this system, the plaintiff can still recover compensation as long as they are 50% or less at fault for the accident. For instance, if the damages are worth $100, 000 and you were 30% at fault for the accident, you will just get $70, 000 in damages.
Kinds of Negligence Claims
Negligence claims are brought by those who got injured because of another person’s negligence. They can arise out of cases such as motor vehicle accidents caused by distracted driving, speeding, and other negligent behavior, slip and fall accidents if you sustained injuries on someone else’s property due to a dangerous condition, pedestrian accidents, wrongful death cases if the negligence of another party leads to death.
Possible Compensation for Claimants
To determine the possible compensation in negligence cases, factors such as the amount and kind of damages suffered are considered. These can include things such as property damage, medical expenses, lost income, and pain and suffering. A claim settlement or a jury award can also be influenced by other factors such as the strength of your case, your percentage of fault, the insurance company, the county where the injury happened, and the lawyer representing you.