Legal Guide

How Will a Lawyer Prove Fault in My Personal Injury Case?

In many situations, there is a cut-and-dry case where a lawyer is not even necessary. Speaking with an experienced attorney you can trust will give you the answer to all of your questions if you need a lawyer, how much a lawyer will cost, and how much they can get you. Workers Comp or insurance cases can get tricky when it comes to them ripping the victims off. Personal injury is something that takes investigation. It can become a smooth case when the results are apparent, and the companies work with the victims. However, this is not every situation that falls into these categories. A thorough investigation will deliver all the answers necessary for the next steps if an attorney should get involved. 

Proving Fault or Negligence   

There are different types of personal injury cases. This means there are various ways to prove fault or negligence in different situations. These are some examples.

Workers Comp Cases 

Every worker who gets injured should report the injury to HR and fill out an accident report. If the party is injured at work, they will have to go to the company's doctor and follow up with their personal doctor. An attorney will review the accident report, hear both sides of the story, hear both doctor's conclusions, and develop an investigation as to how the accident happened. The attorney will ensure the client gets all their bills paid for medical expenses and ensure the insurance companies and workplace remain within the legal realms of their obligations to the employee's better health. 

Road Accident Cases

When it comes to the road, personal injury is no stranger to the highway. Once again, an attorney will prove fault or negligence through an extensive investigation. They use their own team and get to the bottom of the occurrences. The attorney will start with the police report, speak with the officer who responded, and any other eyewitnesses to the accident. They will be on the spot to examine the actual scene of the accident and hire a reconstruction team of anyone necessary to recreate the accident scene. It will paint a picture with the police report, and if their client is innocent and did not cause the accident, all the evidence will become gathered and used in the courtroom. In some situations, if the insurance companies know they do not stand a chance at winning, they may come up with a settlement that will be sufficient for the client and the attorney. 

Public Injuries

Public locations have an obligation for the safety of their customers. If negligence causes a client to get injured on the property, an attorney will work to prove the fault and negligence of the business owner. Some examples of personal injuries on public property may be slips and falls, injuries due to poor maintenance, or injuries due to poor setups or displays. Slips and falls are among the worst and the cause of most injuries. This is usually due to wet floor signs not being placed or something to warn the public of a slippery or wet floor. If the client slips, falls and injures themselves, the lawyer will work to prove the case. Once again, investigations and eyewitnesses are brought into the picture. Accident reports are also filled out from the business perspective, and the business will work with the client as much as possible to make sure the client is well taken care of and appropriately treated with medical care should it be needed. An attorney will ensure the client gets all they are required to obtain better health and fully recover after the accident.

How Much Compensation Can I Win in a Personal Injury Case? 

There is no straightforward answer to this question. The answer is it depends on how bad the damages are and the extent of injuries. Awards are granted through compensation according to the damages or losses of the client. Medical bills are the first to take into consideration. Next, an attorney will look at the loss of wages, pain and suffering, future income loss, punitive damages, emotional trauma, and losses for companionship or spousal care as well. Many cases are resolved outside of court, but some end up in trial. When this happens, the victim can get awarded their due compensation up to 100 percent. Of course, the attorney will get their percentage agreed upon first. If the attorney does not win the case, the client does not owe the attorney. 


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