How Do Car Accident Lawyers Determine Liability?

November 1, 2023

Car accidents can be life-changing for all parties involved. From minor fender benders to tragic head-on collisions, they can cause injury, financial burdens, and emotional distress. One of the biggest concerns after a car accident is determining who was at fault. Liability is crucial in a personal injury case, as it decides who should pay for damages and compensation. In this blog post, we'll discuss how car accident lawyers investigate a case to determine liability and the various factors that affect liability in a car accident case.



Investigation Process

Personal injury lawyers have years of experience investigating car accident cases to determine liability. They start by gathering evidence that is pertinent to the case. This includes collecting reports from police officers, speaking with eyewitnesses, obtaining medical records, and reviewing damages to the vehicle. Photographs and videos of the accident scene can be instrumental in determining how the accident unfolded and which party is at fault.


Lawyers also conduct a thorough investigation of the opposing party's insurance coverage. This helps the lawyer anticipate and prepare for the insurance carrier's defense. In many cases, it's crucial to involve a skilled car accident reconstructionist who can recreate the accident and provide critical insights into how it occurred.


Factors that Affect Liability

Determining liability in a car accident case is dependent on several factors. Some of the most important ones include the following:

• Driver negligence: this could refer to running a red light or stop sign, distracted driving, speeding, or driving under the influence of drugs or alcohol.

• Road conditions: poorly maintained roads, debris, or construction site hazards that are not marked can be contributing factors to a car accident.

• Vehicle malfunction: brake failure or issues with the car's steering, accelerator, or tires could cause the accident.

• Comparative negligence: when both parties are at fault, the level of negligence of each party will be considered to determine liability.

• Injuries and damages: severe injuries, extensive property damage, and prolonged recovery times can impact the amount of compensation awarded.


Determining Liability in a Personal Injury Case

The legal standard used to determine liability in a personal injury case is negligence. The plaintiff or the injured party must prove that the responsible party acted negligently and did not fulfill their duty of care. The lawyer must first show that the defendant, usually another driver, had a duty to act in a certain way. For example, they should obey the rules of the road, avoid distractions while driving, and not drive under the influence of drugs or alcohol.


The plaintiff's lawyer then shows that the defendant breached this duty of care, leading to the accident. The lawyer also demonstrates that the accident resulted in the plaintiff's injuries, which caused financial and emotional harm. The damages the plaintiff claims usually include medical expenses, lost wages, and compensation for pain and suffering.


Car accidents can be traumatic and life-changing. Determining liability in a personal injury case is critical and can be a complex process. To ensure the best possible outcome, seek legal representation from a skilled personal injury lawyer with a thorough understanding of car accident cases. Their ability to gather evidence, establish liability, and prove negligence can make a significant difference in the compensation you receive. Remember, compensation is designed to cover both financial and emotional losses associated with the car accident. Get in touch with a personal injury lawyer today to protect your rights, safeguard your future, and secure the compensation you deserve.

What You Need to Know About the Value of Slip-and-Fall Cases in Pennsylvania

December 1, 2023
Slip-and-fall accidents can happen to anyone, anywhere, at any time. Unfortunately, they often lead to severe injuries that can significantly impact a person's health and quality of life, not to mention their financial situation. That's why if you've suffered injuries from a slip-and-fall accident in Pennsylvania, you need to know how much your case is worth and what factors can impact its value. In this blog post, we'll review what you need to know about slip-and-fall cases in Pennsylvania, how to determine their value, and how an attorney can help you get the compensation you deserve.  Determining the value of a slip-and-fall case in Pennsylvania can be a complicated process. The amount you can receive in compensation depends on various factors, such as the severity of your injuries, how much medical treatment you require, any lost wages and future earnings, and the extent to which the property owner was negligent. The compensation you may be eligible for includes economic damages such as medical expenses, lost wages, and future earning potential, as well as non-economic damages such as pain and suffering. The severity of your injuries is one of the most critical factors in determining the value of your slip-and-fall case. If you have significant injuries such as broken bones, head trauma, or spinal cord injuries, you may be eligible for far greater compensation than someone who suffers minor bruises or scrapes. Additionally, if you require extensive medical treatment like surgery or rehabilitation, compensation should reflect these costs. Those who need ongoing therapy or specialized care may need to consider future costs. The amount of fault assigned to the property owner also plays a significant role in the value of your case. In Pennsylvania, slip-and-fall cases fall under the category of premises liability, which means property owners have a duty to keep their premises safe for visitors. If a property owner failed to take reasonable steps to prevent an injury, you may be awarded a higher settlement. However, if you are partially at fault for the accident, the settlement may be reduced to account for your level of responsibility. How an attorney can help you: Hiring an experienced personal injury attorney who specializes in slip-and-fall accidents in Pennsylvania can be your best weapon in getting the compensation you deserve. Attorneys who specialize in slip-and-fall cases understand the complexities of the legal system and can help you navigate the legal process and negotiate with the insurance company to ensure you receive fair compensation. By investigating the accident and gathering evidence, an attorney can build a strong case on your behalf, and work to ensure that you receive the maximum value for your injuries. While the effects of slip-and-fall accidents can be devastating, holding the property owner accountable and pursuing a claim can help you recover some of the costs associated with your injury. Remember, the value of your slip-and-fall case depends on several factors, including the severity of your injuries, medical expenses, and lost income. A reputable personal injury attorney can enable you to understand all the legal implications, representing your interests, thus making it possible for you to receive the compensation you rightfully deserve. If you're considering pursuing a slip-and-fall claim in Pennsylvania, don't hesitate to contact an experienced personal injury attorney today.

Can You Be Disqualified from Receiving Workers' Compensation in Pennsylvania?

By Michael Studd • September 30, 2023
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