How To Determine The Responsible Party In A Personal Injury Case?

Personal injury law allows the injured victim to seek compensation from the responsible party. But how can that same victim identifies the responsible party?

Understand the meaning of negligence

A negligent person has carried out careless and neglectful actions. Someone that has been guilty of negligence has failed to act in a manner that demonstrates an acceptable level of care.

Why does the claimant in a personal injury case have to understand the meaning of negligence?

That same claimant needs to prove that the defendant was negligent, in order to win the desired compensation. If a proof of negligence is lacking, the claimant should not expect to receive that hoped-for compensation.

What actions could the lawyer-client team take, in order to prove the defendant’s negligence?

Save all of the medical bills. Get statements from those that saw the accident and from those that knew the plaintiff before that accidental occurrence. If possible, take pictures of any property damage or of any injuries. If the client’s injury was sustained following a car accident, look for any evidence that the other driver was not paying attention to the road. Check to see if there was a cell phone in the car. What did the cell phone records say, about what the driver was doing during the moments before the crash?

Do not overlook any other possible pieces of evidence. Is there anything that suggests that the driver was eating while steering the car down the road? Is there an open pocketbook on the front seat? Maybe the driver was trying to find some item during the moments before the collision.

If the adjuster makes some claim, regarding a medical aspect of the reported injury, seek confirmation of that claim from a medical expert. The lawyer should not ask the client to believe and accept the adjuster’s claim.

Study the client’s medical history, and check for ways that the defense could try to fight an accusation of negligence. If the client was injured in a previous accident find a place in the client’s medical records where the treating physician has made it clear that the injury has healed completely. If the client were dealing with a chronic medical condition, then it would be necessary to find proof of the fact that the same condition was under control at the time of the accident’s occurrence.

Personal Injury Lawyer in Richmond Hill prepares a strong demand letter. Include arguments that point to the defendant’s negligence in the demand letter. Keep in close communication, as the negotiations take place, after the adjuster has received the demand letter. Study the adjuster’s response to that same letter. See if it offers a clue, concerning how the defendant’s negligence might be firmly established.

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