Personal Injury Accidents: Preserve Evidence

Protect evidence in a personal injury accident and find witnesses who can help prove your claim to an insurance company. The first few days following an accident are critical to finding and preserving evidence of what happened- and documenting your injuries. As soon as possible you should take the following steps. Return to the Scene If the accident occurred anywhere outside of your home you should return to the scene where the accident happened. Take some time to survey the area and look for any extenuating circumstances which may have contributed to causing the accident. You may find something that you overlooked while disoriented from the accident like a traffic light that isn’t working properly. Also, you may just get lucky and find someone there who saw the accident or has witnessed other similar accidents in the same spot. Take photographs while you are there. Be sure to take pictures from many different angles including your viewpoint from where the accident happened. This will help keep your memory fresh about the events of the accident as well as document the scene. Furthermore, this will show the insurance company later how prepared you are to get the settlement you deserve. In the event of a vehicle accident make sure and photograph the site during the same time of day and day of the week as when your accident occurred. Protect Physical Evidence Who was at fault in an accident is sometimes easily proved by a piece of physical evidence. For example, […]

Proving Fault in Personal Injury Accidents: General Rules

How to decide who is legally at fault for an accident or personal injury. Determining who is at fault (also known as “liability”) in a personal injury case can be complicated. It is obvious to say that the person or business at fault should pay for any damages, but before that it must be determined who is legally at fault. Oftentimes, this depends on if someone was careless or “negligent”. Determining Legal Liability Most accidents happen as a result of someone being careless. The basic rule of thumb in personal injury lawsuits comes down to this: if one person involved in the accident was less careful than the other than the less careful one must pay some or all of the damages incurred. Legal liability is almost always decided by this rule of carelessness and by one or more of the following situations: If the injured person was somewhere they were not supposed to be the person who caused the accident may not be deemed liable because they were not expected to be careful towards the injured person. If the injured person was also careless the compensation may be lessened since both parties were partially responsible for the accident. This is known as comparative negligence. If a negligent person causes an accident while under the employ of someone else the employer may also be held legally responsible for the accident. If an accident is caused on property deemed to be dangerous because it is poorly built or not properly maintained […]