Accident Compensation: The Three Important Models

By Author: Salvatore Andrea
Total Articles: 6261
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Accidents happen and they bring in deluge of sufferings both physically and mentally. Sometimes, the impact is immense and unbearable to be handled. The victim goes through huge financial loss due to physical inability to attend workplace or mental rupture. Therefore, the victim needs to approach an expert lawyer who can actually suggest viable ways of making claims with justifiable amount. There are three exclusive models used by an advocate in determining the accident claims amount.

The Three special Models

The three special models are highly important in influencing an adequate amount deserved by the victim. These three models include pure comparative fault, comparative negligence, and proportional comparative fault.

To start with, pure comparative fault, the total accident compensation amount is actually reduced by the percentage of the fault incurred by the claiming party. For instance, if the total entitled amount is $20000 and the percentage of fault incurred by the client is by 20%, which is $4000, ...
... then the claiming amount is reduced from $20000 to $16000.

Comparative negligence is also synonymous to the term Contributory Negligence. Yes, this model is not widely used all over, but there are other forms of comparative negligence, which will eventually allow the victim to claim for the whole accident compensation amount.

In case of Proportional comparative fault, the client is actually not entitled to any compensation amount if the percentage of fault exceeds a certain percentage as set by the law. For instance, if the state value is demarcated at 50% and the fault percentage exceeds this mark, then the client is not entitled to any sort of compensation.

Following, these three models, the lawyer chalks out the feasible amount that a client is entitled to. Thus, you understand the advantage of hiring expertise of an advocate since he is aware of the detailed process and thus helps his client out of any complicated situation.