How does the court decide who is liable in an insurance litigation case?

In an insurance litigation case, liability is determined after considering all the facts pertaining to a particular incident. The court will review any evidence presented, such as testimony from witnesses, documents, and photographs of the accident scene. This evidence will then be used to determine which party is at fault for the incident. In order to make a ruling on liability, the court will have to determine whether either of the parties was negligent in any way. Oregon has a comparative fault rule, which means that if both parties are found to be at fault for the incident, the court can assign a certain percentage of fault to each party. For example, if one party is found to be 80% at fault and the other is 20% at fault, the court would assign each party the same respective percentage of liability. The court may also consider which parties had the duty to exercise due care in the circumstances. The court will look at the relative responsibility each party had to the other to avoid the occurrence of the accident or injury. Insurance litigation cases can be complex and require a thorough examination of the facts. Ultimately, the court will look at all the evidence available to make a decision on who is liable for the incident.

Related FAQs

How does the court decide who is liable in an insurance litigation case?

Related FAQs

Related Blog Posts