How To Determine Fault in a Personal Injury Lawsuit

Personal Injury Lawyer

After a car accident, before you can file a personal injury lawsuit, you have to determine fault or who is responsible for the accident. In some cases, it may be obvious who was at fault. For example, when a car runs a red light and hits another, the vehicle that ran the light is most likely at fault. Unfortunately, most car accidents are not as cut and dry.

When you file a personal injury claim, you demand compensation for your injuries based on someone else’s negligence. If you were in a car accident, here is how you can determine fault.

Contact the Insurance Company

Generally, the insurance company is responsible for establishing fault, as a personal injury lawyer like one from Ward & Ward Law Firm can explain. When you notify the insurance company about an accident, the insurance company investigates who was responsible. However, if you are in contact with the other driver’s insurer, be careful about what you say. You should never apologize for an accident or give too many details. The more information you provide, the more likely you will say something that the insurance company could hold against you. If you’re unsure how to negotiate with an insurance company, talk to a lawyer in advance.

Gather Evidence About the Accident

To determine fault, you need to have adequate evidence. Evidence includes all medical records related to the accident. You need to prove that your injuries occurred due to the accident and that you didn’t have the damages before the accident. In addition to your past and current costs, you need to add future medical expenses. If your doctor recommends further treatment for your injuries or ongoing care, you can use that within your claim.

In addition to medical records, you may need a police report of the accident. Police often determine who they believe is at fault for the accident. If the other driver faced any traffic citations, you may be able to use it to prove fault.

If you want to prove fault in a car accident, you should consult with a car accident lawyer as soon as possible. He or she will advise you on the type of evidence that you need and can also advise you as to whether or not you have a solid car accident case. Fault can be challenging to determine if you are representing yourself. When you have an advocate on your side, he or she will ensure you get the compensation you deserve.