Determining Liability in a Personal Injury Claim

Serving West Virginia and Ohio, including Parkersburg, Charleston, Morgantown, Huntington, Wheeling, Belpre, and Athens

Liability is a central matter in a personal injury claim. You can't effectively sue for damages without establishing who is responsible for your injuries. Furthermore, establishing liability is crucial in order to get the insurance company to pay out on your claim. The way liability applies varies from situation to situation. Here are some things to consider:

• Auto accidents - Showing liability can sometimes be difficult, especially if there are no witnesses to the auto accident. Learning how to use the evidence from the scene to benefit your case is important. Often, police officers will evaluate skid marks on the road and the location of damage on each vehicle when determining fault on their police report.
• Drunk driving and cell phone accidents - Driving while intoxicated and driving while talking on cell phones are two of the leading causes of auto accidents today. If you are injured in an accident caused by a drunk driver or a distracted driver, these issues may be used to help you demonstrate liability.

• Motorcycle accidents - Often, motorcycle accidents are caused by the negligent actions of another driver even when another vehicle was not involved in the accident. For example, it is very common for a driver to change lanes without noticing a motorcycle in his blind spot, forcing the motorcycle off the road. Your motorcycle attorney will need to demonstrate that the other driver was liable for your accident so that you can collect the compensation you deserve.
• Medical malpractice - These cases are far more complicated than other personal injury claims. The aid of a lawyer is essential. Winning a medical malpractice lawsuit can be very difficult. Your medical malpractice lawyer will need to know how to evaluate your medical records for evidence of negligence, and you will need expert witness testimony to prove liability in a medical malpractice claim.
• Slip and fall accidents - Property owners and managers have legal obligations to protect their visitors and ensure safety. However, visitors also have a responsibility to act in a safe manner. If a slip and fall accident is due to careless or unreasonable property maintenance resulting in a dangerous environment, you may be entitled to compensation. Understanding building codes and violations is essential to proving liability, and it can make a big difference in your settlement.

Please contact our Ohio and West Virginia personal injury attorneys today to schedule your free initial consultation.