A good personal injury lawyer can help you secure not only your claim but also make the insurance company accountable for the wrongful denial.
If you or anyone you know has been wrongfully denied by his or her insurance company, do not hesitate to get help.
If you have ever been in a car accident and you have filed a claim against your insurance company, smart money says you have already encountered the concepts of contributory and comparative negligence. Some people easily dismiss these two as legal gibberish that insurance firms hide behind to avoid settling your claims.
What is Contributory Negligence?
Contributory negligence is that absolute defense averred by a defendant against the plaintiff. It is based on the common law principle that a person who shares part of the blame cannot claim compensation for his injuries or damages.
In simpler terms, it is all or nothing. Either you have all the blame or none at all. To illustrate, suppose that X is walking down a street when he happens to pass by Y who is cleaning his gun, on his front porch. Unknown to Y, the gun is loaded and when he tests the trigger, the bullet hits X. As a results, X dies.
In this illustration, X had nothing to do with the gun. That Y did not know that the gun he was cleaning was loaded is enough evidence to show negligence. There was no negligence on X’s part. Therefore, he (or his estate) is entitled to damages.
What is Comparative Negligence?
Comparative negligence, on the other hand, is only a partial defense. It works by assigning blame in degrees. The amount of damages a plaintiff is entitled to is always a function of his blame in the incident.
The classic textbook example is that of two drivers, A and B, approaching each other on a night with very thick fog. A’s visibility was impaired but B had his headlights off. Under the law in the State of Missouri, both parties are to be blamed for the accident; therefore both drivers are entitled to damages.
If you or anyone you know has been wrongfully denied by his or her insurance company, do not hesitate to get help. A good personal injury lawyer can help you secure not only your claim but also make the insurance company accountable for the wrongful denial. Stay informed and be protected. Remember that the law safeguards those who are mindful or their rights, not those who neglect them.
photo credit: David Hilowitz