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Next, we're going to take a close look at liability - a major issue in your personal injury lawsuit, and therefore a major issue in your claim. You can’t very well sue for damages if you can’t show who's responsible for your injuries. And if you can't show an adjuster you're likely to win an actual lawsuit, you aren't very likely to get a settlement offer.
Liability is all about establishing who's responsible for an accident. And understanding how liability applies to different situations can be tricky. This section will help you learn how liability affects personal injury lawsuits and settlements.
Take your time when reviewing the pages in this section:
* There is no actual burden of proof in the claims process. When dealing with the insurance adjuster, you only have to show that your story is most likely the true story of the accident. Until you go to court, which is unlikely, there's nothing for you to prove.
* Showing negligence on the part of the insured party is one of the main things to focus on in your claim, and if it comes to it, your personal injury lawsuit. You can make your case stronger by understanding how the concept of negligence applies.
* Traffic accidents involve a number of factors and showing liability can sometimes be difficult. Learning how to put all the evidence from the scene together to benefit your case is important.
* Car accidents often involve broken traffic laws. This can work in your favor, making it easier to establish liability in your personal injury settlement claim or lawsuit. If the insured broke a law, it gives your story more credibility with the adjuster.
* Some car collisions occur where liability is essentially predefined. If your claim involves one of these predefined situations, then establishing liability is practically done for you. (And it's not likely you'll have to go through with a personal injury lawsuit since the adjuster will probably be giving you a quick, fair settlement.)
* Drunk driving accidents and cell phone accidents are common "outside factor" accidents. Drunk driving and cell phones aren’t always the direct cause of an accident, but they'll definitely play into your case and give you a lot of leverage. Adjusters know that if a personal injury lawsuit is brought against a drunk driver, a jury will almost always rule heavily in favor of the plaintiff.
* Bike accident injury claims can be difficult to file. There are prejudices against bike riders, whether motorcycle or bicycle, that must be overcome. But learning about some special circumstances in bike accidents can help you to move past problems and get to the heart of your case.
* When a road accident involves a cyclist, you need to know how the special rules all cyclists must obey will affect your case. Determining liability may hinge directly on whether the cyclist was correctly obeying these rules of the road.
* Head injuries are common in cycling accidents. Helmet use in such accidents can affect your personal injury claim in good and bad ways. You can establish helmet use as a sign of being a safe cycle rider, or establish that injuries were more dramatic because the rider wasn't wearing a helmet.
* Medical malpractice cases aren’t as straightforward as other personal injury claims. There's a lot involved, and the aid of a lawyer is essential. It can also be quite difficult to win a personal injury lawsuit for medical malpractice - so pursuing a claim is often not worth the trouble.
* If you slip and fall due to careless property maintainance, resulting in a dangerous environment, you're entitled to compensation. Liability applies, but there are different factors effecting it.
* Premises liability is determined by two elements in a slip and fall accident. Property owners and managers have legal obligations to protect their visitors and insure safety. But, visitors also have a responsibility to act in a safe manner.
* Taking a closer look at the property owner's duty to keep their premises safe is important in your slip and fall injury case. Liability may be determined by the property owner's obligation of safety 'within reason' at the time time of the accident.
* Building codes and violations can tip the scales in your favor when making a slip and fall accident claim. Understanding where to research codes and factoring them into your case can make a big difference in your settlement. (A clear code violation can mean victory with regard to personal injury lawsuits.)
* General liability in accidents involving children can be hard to establish. Children can’t always be legally held responsible for their actions. It's important to know the duty of care scopes, to learn how you can pursue a claim against them or their parents if needed.
* When a dog bite is involved in your personal injury claim, you'll find that pets fall into the same category as children. Since they have no ability to understand the law, they cannot uphold it. There are some situations however, where a pet, and subsequently their owner, can be held liable in an accident.
* Product liability is in a class by itself. If you were injured by a product you purchased, certain factors can make your settlement almost automatic.
