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Collecting compensation for a personal injury after an accident depends on your ability to prove that the other party is legally liable for your damages. While showing who is at fault for an accident may be obvious in some cases, demonstrating liability is much more complex, especially if the insurance company denies your claim. Below are answers to some common questions about liability in personal injury cases, so you can stand the best chance of securing a settlement.

Answers to FAQs About Injury Liability

How Do You Prove Fault?

While physical evidence is helpful, it often isn’t necessary to prove the other party was negligent. Auto accidents, for example, frequently result from one person failing to follow driving laws, and property owners are usually held responsible for unsafe conditions. When proof is required, your attorney will determine the appropriate course of action to ensure liable parties are held responsible for your losses.

Can I Claim Damages Even if I Contributed to the Accident?

personal injuryMost states, including Ohio, allow accident victims to pursue a personal injury claim even if their own carelessness may have contributed to their injuries. In general, the court will allocate a proportion of responsibility to each party and reduce your award by that share. For example, if they determine you were 25% responsible for the accident, the liable party will only have to pay 75% of your damages.

What Is “Strict Liability?”

Some activities are so dangerous that businesses are assumed to be liable for any damages even if they took all necessary precautions. Demolishing buildings, transporting dangerous chemicals, and keeping livestock are a few situations in which the strict liability standard applies.

What if the Insurer Denied My Claim?

Insurance companies occasionally deny valid claims or dispute liability in the hopes you’ll simply abandon the case. A good personal injury attorney will present your evidence and leverage the threat of a lawsuit to compel the adjuster to make a fair settlement offer.

 

If you’ve been hurt due to someone else’s negligence, Michael D Doyle, Attorney At Law in Elyria, OH, has the expertise needed to provide the aggressive representation you deserve. At this boutique law firm, you’ll always work directly with the attorney, who will give you personalized attention and legal solutions tailored to the facts of your case. For more information on their personal injury services, visit their website now, and call (440) 323-0001 to schedule a free consultation today.

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