Liability in Personal Injury Claims: Winning When Fault is Unclear

When you get injured due to someone else’s negligence, the path to recovery can be a difficult and convoluted one. Personal injury law allows you to recover compensation due to the negligent actions of another party, as long as you can prove causation and suffered quantifiable damages. That said, proving liability isn’t as cut and dry as it is made out to be. Witness statements may be vague, evidence may disappear, and the insurance company or defendant’s counsel may argue that you were responsible for your injuries due to your own action.
All these factors can make it difficult to prove fault, and your case may be diminished when it comes to the potential payout you can receive, or it may be dismissed altogether. That said, an experienced personal injury attorney and his or her team can work diligently on your case and seal every area that may be a weak point that the defense can poke hole into.
We’ll delve into the various ways in which one can prove liability in personal injury claims in order to recover maximum compensation by working with our best personal injury legal team.
Challenges in Proving Liability in Personal Injury Cases
Most people who decide to represent themselves may have a hard time shooting down or providing rebuttals to the insurance adjuster’s allegations regarding the lack of clear causation or negligence, and in their limited knowledge of the law, may jeopardize their case. While choosing the cheapest law firm or representing oneself may seem like the prudent thing to do, it may actually see you losing out on a lot.
When it comes to your overall compensation, and you may not get a full picture of the scope of your injuries as well as the compensation you will require now and into the future to manage the physical, emotional and professional fallout of your injury event.
Why Hiring the Right Personal Injury Attorney Matters
Are you looking for a best personal injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options regarding your right to compensation and justice. The experienced injury attorneys at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of injured Americans across the country and from all socioeconomic backgrounds recover compensation after getting injured due to the negligent actions of other individuals or corporations.
Over the decades, we’ve been able to recover over $260 million and counting for our clients, and some of the reasons why we’ve been so successful at this include personally handling all claims and not shunting them over to paralegals as is seen in most law firms. In addition, we ensure to update our clients on the progress of their claim every step of the way to ensure the process is collaborative.
Our Proven Approach to Maximizing Compensation
We are not afraid to litigate claims that have merit, as taking a case to court is often the best way to secure maximum compensation allowed by law. By contrast, many law firms settle quickly with insurance companies, which may result in a payout too small to cover your medical bills, leaving you in financial distress. Our bilingual firm (hablamos Español) has nationwide reach through a vast network of referral attorneys and law firms, and we work on a contingency fee basis, meaning there are ZERO UPFRONT FEES, and we only get paid if we recover compensation for you.
If you were injured in an auto accident, retail store slip and fall, amusement park incident, workplace injury, or even at your residence, call us NOW at (314) 481-63338 to explore your legal options, our intake team is ready to help.
When Fault is Unclear in Personal Injury Claims
Here are some of the factors that may contribute to unclear fault:
- Lack of Sufficient Evidence – There may be conflicting accounts of what happened, no witnesses, and lack of physical evidence such as videos and photos
- Comparative Negligence – You may have partially caused the accident or contributed to your injuries. Across the country, comparative negligence laws vary, where your compensation may be reduced according to the percentage of fault you were apportioned according to your actions; however, in other states, if you are found to be even a small percentage at fault, you may not be able to recover anything.
- Insurance Company Tactics – The goal of any insurance company is to make as much profit as is possible by minimizing payouts by shifting blame, questioning liability and even claiming that your injuries aren’t as severe as you make them out to be.
- Complex Accidents – In multi-vehicle accidents or those involving complex machinery, determining the origin of evidence and who exactly is at fault may be difficult.
In the event that fault is unclear, the following tactics may help build a strong case:
- If there was law enforcement called to the scene of the accident, the police report may be retrieved and act as an objective record of the accident, witness statements and so on, helping boost credibility and demonstrating fault.
- It is important to take dozens video and photos of the accident as well as your injuries. In case there is surveillance footage, you can get a court order through us so the evidence of the same is retrieved before it is deleted or lost.
- It is important to go to the ER and be seen by a physician after your injury or accident even if you feel fine. Doing so establishes a medical paper trail that includes things like diagnoses, treatment plans, doctor’s notes, surgeries, rehabilitation sessions and so on which will all legitimize your claim regarding your suffering injuries as well as help establish the medical fees damages you incurred as a result of the same.
Best Countrywide Injury Attorneys – Call Us NOW!
If you were injured due to someone else’s negligence and are having a hard time figuring out where to start as far as establishing fault is concerned, stop trying to make legal sense of it all, and call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing McCready Law, and we look forward to serving you.