Still, there are many accident victims who assume that if they are hurt and there is damage to the concerned vehicle, the case is a 99% win and the compensation will be automatically provided. Well, under the law, it does not work that way. You need to prove that someone else's carelessness caused the accident.
Say you are from Lexington, a consolidated city with Fayette County in Kentucky, and it is widely known as the “Horse Capital of the World.” Well, you might know that this region is home to large horse farms, busy roads, and several well-known universities.
With such daily activity, accidents can happen on roads, at workplaces, or even in public spaces. And this has resulted in numerous personal injury cases. If you are injured in an accident here, speaking with a Lexington injury attorney can help you understand how liability works under local laws.
First, get yourself familiar with liability in personal injury cases. Yes, keep reading till the end; this article is going to be really helpful.
First, understand this: Liability = legal responsibility.
In any personal injury claim, liability refers to proving that another person or party is responsible for causing your injury. And this responsibility can be anyone involved; it could be a driver, an employer, a property owner, or even a company.
If you are wondering why proving liability is really that important, well, without proving liability in the accident, a claim cannot move forward in the legal process, and this is serious. No matter the damage or the injury, proving the liability is a must under the law.
To prove liability under the law, there are four main elements, and these elements must be proven and documented clearly.
1. Duty of care: First, you must show that the other party had a responsibility to act safely. For example, drivers must follow traffic rules, and property owners must keep their premises safe.
2. Breach of duty: Next, you must prove that this responsibility was not followed. This could be speeding, ignoring safety rules, or failing to fix a known hazard.
3. Cause of the injury: It must be shown that this failure or so-and-so has a direct link to the resulting accident. And the important part is that the injury should not be due to something unrelated or from a past incident.
4. Actual damages: Finally, you must show that you suffered real harm physically, economically, and mentally (yes, pain and suffering are taken into consideration under the law and the claim process).
Now that you have got some real insights into liability in personal injury cases. It is not as simple as it seems; proving liability needs legal support and real groundwork. Stressing this part because there are real chances that evidence may be missing, witnesses may not cooperate during the process, or the other party may deny fault.
And importantly, insurance companies. Yes, the insurance people often try to shift blame or argue that the victim was partly responsible, because all they want you to accept is the minimum payout. And in some cases, multiple parties may be involved, which makes things more complex.
It is always advised to trust an experienced legal professional for your personal injury case, because the legal professional is going to be a real pillar for your case. From the start, they’ll guide you, help collect the needed evidence, speak to potential witnesses, review reports, and connect all details properly.
They understand what evidence is important for your personal injury case and how to present it clearly. This support becomes crucial when the other side tries to avoid responsibility.
