One of the biggest questions you might be forced to deal with in your injury claim is “how do I prove that I’m not at fault in an accident?”
“Fault” is a tricky concept, so let’s go over the basics.
Proving that you’re not at fault for an accident doesn’t necessarily have to take place in a court of law or before a judge. In most situations, you will be negotiating your case with an insurance company. All you need to do is establish an argument that their insured client was negligent.
For example, you need to point out that the negligent driver hit you from the rear end or suddenly turned in front of you. Establish your innocence over the accident. You can do it by taking pictures, exchanging contact information with the other driver, contacting the police, talking to the witnesses and getting their contact information, and hiring an expert car accident attorney.
When the insurance company sees that their insured client is the party at fault, then they will settle it outside court fast. If they drag the negotiation hoping to pay you less, you have the option to bring the matter to court to legally establish who’s at fault. If this happens, then insurance companies will have to pay more, that’s why they will prefer to settle the issue outside.
You can still recover damages compensation even if the accident was partly your fault. There’s a rule that states that even if your partial fault in the accident was through recklessness and negligence, say by 25 percent, the other party who was 75 percent at fault has to pay 75 percent of the compensation for the injuries you have sustained. This is called comparative negligence.
This is a point that you have to negotiate with the insurance adjuster regardless of which US state you’re from. There are a few states that will bar you from any amount of compensation if the accident is partly your fault. Nevertheless, the question of how much your negligence or carelessness contributed to the accident is negotiable to the insurance company.
To determine how much your claim is worth, you have to come up with a percentage that proves to the insurance company that you’re only partially at fault. The insurance adjuster will also come up with their own percentage and will try to offset the regular compensation amount against you. Then both of you will arrive at the negotiating hopper. All in all, this will be settled outside the court because the insurance company prefers it that way. If you’re unhappy about the awarded compensation, you can still make a contest until you’re satisfied.
It is essential to prove who’s at fault in every personal injury lawsuit. If you’re the plaintiff, you have the burden of proof to provide evidence that you’re the victim party. Other than medical records that show you sustained an injury after the accident, and that your injury is not pre-existing, you also need to let your insurance company or the court of law understand that you’re not to blame for what happened.
Remember that you’re building a compensation case, which means you need a specific amount to be indemnified. Without strong evidence that you have sustained an injury and that you have sustained financial loss, your compensation claim cannot stand. It is a feat to build your case, but with the help of a proper legal counsel, you can build a winning case.
Negligence is a situation in which a person was careless in his or her actions, which resulted in an accident or injury of another person or the damage of property. To prove fault in injuries sustained from car accidents and slip and fall cases, there are four things that you need to prove. These are duty, breach, causation, and damages or harm.
The person can be legally charged with negligence if he or she failed to perform a duty, which caused harm or damage to others. For example, driving at night with sunglasses on. If you can prove the other person’s negligence, you as the victim is entitled for a justifiable restitution.
If you need guidance on how to proceed with your injury claims, contact Glacier Law Firm now. Glacier Law Firm offers expert advice that will often lead you to the right path, to where you will get the most of the compensation you deserve.
*The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
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