Why Proportionate Liability Can Make Your Claim for Compensation More Challenging
The legal system exists in part to adjudicate claims between one party and another. It can sometimes be difficult to prove that somebody else was negligent and that you are owed financial compensation as a result, but it can be even more difficult to be successful if there's more than one other defendant involved. Sometimes, you have to prove "proportionate liability," which as the name suggests, can get complicated. What do you need to know about this approach and how can you proceed?
Why Things Have Changed
The concept of proportionate liability has arisen in recent times due in large part to the scale of compensation claims and settlements across the land. Insurance companies started to put their case forward very strongly that these judgements were getting out of hand and were leading to a sharp increase in insurance premiums.
New Limitations
Due to this, it's now more difficult to pursue several entities as part of the same case, where it is asserted that they are all liable in some way. The law now requires proof that the defendant is individually liable for a specific sum and even though you may assert that all defendants are equally liable, it may be necessary to go after them each, one by one.
Ability to Pay Cannot Be Considered
This has also cut down on the ability of some people to "cherry pick" when going after defendants. You're not able to pursue a sum of money that you feel is commensurate with a defendant's ability to pay. Blame has to be claimed proportionately and not on the overall likelihood for a win, financially.
Imagine that you have been involved in a car crash, where damage was caused to your vehicle by two other drivers. In the past, some people would choose to go after one driver for the whole sum and not the other, if they could see that the first driver had an exotic car while the other had a beat-up truck. Today, you will have to split your losses in half and pursue each one equitably, regardless of their financial situation.
Why You Should Go Forward Carefully
So, whenever you feel a need to claim compensation for property losses caused by others, you need to proceed carefully or risk having the entire case thrown out in the courts. It's a good idea to consult with experienced lawyers, who know how to present a case for proportionate liability properly.
Share
