Investigating Liability in a Personal Injury Claim

Investigating Liability in a Personal Injury Claim

Personal injury claims consist of two main issues: the first is liability, who is at fault for the accident? The second is damages, what are the losses suffered by the injured party? The initial issue is essential for the success of the second. This means that if you cannot establish that a party is at fault for an accident, then you cannot claim damages against them.

This becomes problematic in many situations such as where the claimant lost consciousness as a result of the collision and has no recollection as to how the incident took place, or where the Defendant denies fault and there is no evidence to the contrary.

As a result, it is incredibly important that investigations of liability take place immediately following the collision. This entails obtaining any potential surveillance of the incident (i.e. video cameras for traffic or of establishments in the area), interviewing any witnesses who may have been present at the scene as well as witnesses that the parties involved in the accident may have discussed the accident with. In addition, requesting records, such as police files and ambulance call reports are beneficial as well.

Being involved in a motor vehicle collision is unfortunate enough as it is, however, if you find yourself in a situation where you are required to prove that you were not at fault for the accident, please contact us at JEWELL RADIMISIS JORGE LL.P for a free consultation.

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