Do You Have a Case?
One of the first things to discuss with a personal injury attorney is whether you have such a legal case. Though it may seem simple to prove, the process of assigning negligence to any person or company is a challenge. The burden of proof is on you, the accuser. Therefore, it is critical to consider the facts in the case as well as whether you have any evidence that can backup your claims.
How Do You Prove Liability?
There are legal steps you must take to prove that someone is liable for your suffering. Your lawyer will help you to prove liability if it is possible to do so. Generally, this means showing that a person's actions or inactions caused harm to you in a way that that person could have prevented. There are limitations, too. For example, if you were somewhere you should not have been, this can reduce liability.
Who Is Responsible?
Another step in this process is to show who is responsible for the incident. This can vary from one situation to the next. For example, if you are involved in a trucking accident, it may be possible that the driver and the commercial company employing the driver is responsible for the accident. In some cases, there is split responsibility between the victim and the other person or business. In these cases, the court system will need to determine the extent of the liability of each person to determine if one should pay the other.
The process of assigning negligence is complex. Though there are established laws, each case is considered independent of each other. In many cases, a personal injury attorney can tell you right away if you have a legal case as well as whether or not you should settle with an insurance company. If you feel you have been hurt or you have otherwise suffered as a direct result of the actions or inactions of another person, discuss your cases with your lawyer. Find out what options are available to you in overcoming these limitations if that is possible to do.
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