Personal Injury Attorney

Serving West Virginia and Ohio

Determining Liability

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, if you can't show an adjuster that you are likely to win an actual lawsuit, they are not very likely to offer a settlement. The way liability applies varies from situation to situation. Here are some things to consider:

Traffic accidents - Showing liability can sometimes be difficult. Learning how to use the evidence from the scene to benefit your case is important. An accident involving broken traffic laws can work in your favor, making it easier to establish liability. If the insured broke a law, it gives your story more credibility with the adjuster. Liability is essentially predefined in certain collisions (i.e. rear-end and left-turn collisions).

Drunk driving and cell phone accidents – Although these aren’t always the direct cause of an accident, these factors will definitely benefit your case and give you a lot of leverage. Adjusters know that a jury will almost always rule heavily in favor of the plaintiff if a lawsuit is brought against a drunk driver.

Cycling accidents – Prejudices against bike riders exist (bicycle or motorcycle) that must be overcome. Determining liability may hinge directly on whether the cyclist was correctly obeying the rules of the road. Helmet use can affect a personal injury claim. You can establish helmet use as a sign of being a safe cycle rider, or establish that injuries were more dramatic because the rider wasn't wearing a helmet.

Medical malpractice – These cases are far more complicated than other personal injury claims. The aid of a lawyer is essential. Winning a personal injury lawsuit for medical malpractice can be very difficult. Pursuing a claim is often not worth the trouble.

Slip and fall accidents - Property owners and managers have legal obligations to protect their visitors and insure safety. However, visitors also have a responsibility to act in a safe manner. If an accident is due to careless or unreasonable property maintenance resulting in a dangerous environment, you're entitled to compensation. Understanding building codes and violations can make a big difference in your settlement.

Establishing liability in a personal injury case can be complicated. If you have suffered from a personal injury, and have questions about who may be liable, please contact our personal injury attorney at the law offices of Jan Dils & Jim Leach.