Determining Liability
Car accidents are a common cause of property damage and personal injury throughout the United States. The cause of the accident may be difficult to determine, so it is important that you have an experienced car accident attorney Chicago representing you in order to maximize your chances of receiving a fair amount in compensation for your claim. When these accidents occur, victims can seek compensation by filing a claim with the other driver's insurance company through a process known as an automobile liability claim. If a settlement is not reached, then the case might go to trial depending on the situation.
When an automobile accident occurs, negligence must be established on either the driver or both drivers in order to prove that one of them was liable for any damages or injuries resulting from the incident.
Your attorney will:
- Investigate the facts
- Assess all available evidence
- Help you understand what would constitute a favorable outcome for your claim
- Advise on your best legal options
- Prepare for any challenges anticipates during negotiations with insurance companies and other parties involved in the lawsuit.
When an auto accident occurs and there is significant damage, injury or death, determining liability is a key factor in pursuing a personal injury claim for compensation. Accidents often result from the actions of one or both drivers on the road. To pursue a car accident settlement, certain criteria must be met to demonstrate that the other driver was at fault and that you suffered damages as a result of their negligence or reckless driving.
Common elements taken into consideration when proving liability for a car accident include:
- Adherence to traffic laws
- Comparison of eyewitness testimony and physical evidence from the scene (such as skid marks or broken glass)
- Police reports
- Witness accounts from onlookers
Depending on state laws, there could also be instances where comparative negligence comes into play if two parties are both found liable in an accident. These parties may apportion fault between them; however, even then it is not necessarily assured that a settlement will be awarded.
Medical records document any lasting physical injuries caused by the collision, any emotional distress due to trauma of the event and economic information regarding lost wages can contribute towards strengthening your case when making an insurance claim following an auto accident.
Ultimately it will depend on how much evidence you can present demonstrating that another party's negligence was responsible for your losses as this will determine whether you receive settlement money for your damages in return.
Conclusion
In conclusion, the likelihood of obtaining a settlement in a car accident claim is highly dependent upon a number of factors. The insurer's assessment of liability, the extent and degree of injuries, the quality and amount of evidence showing who is at fault, and even if the other driver has insurance coverage, all influence how likely you are to achieve an acceptable settlement.
