Law

Proving Fault in Personal Injury Cases: Seek the Assistance of a Boston Injury Attorney

If you have sustained injuries in an accident caused by another person and want to seek compensation beyond your insurance, you must establish responsibility for the accident first. It’s important to prove fault if your personal injury protection (PIP) insurance is not enough to cover your losses.  For this, you usually need the assistance of an experienced personal injury lawyer north augusta sc who will help you collect evidence to support your claim.

Proving Fault in Personal Injury Cases

While proving fault in a personal injury case is often hard, below are some ways to do this:

  • Using photos. No matter the type of accident you were involved in, photos of the accident scene and your injuries can be helpful. For instance, if you were in a car accident, it is a good idea to take photos of the angle your car was hit. 
  • Using medical records. Medical records may not directly establish fault for an accident, but they can be useful. These records can indicate your injury’s source and extent. 
  • Accident reports. Typically, these reports are invaluable in personal injury cases they are statements taken when those involved have the best memory of the accident. 
  • Getting witness statements. Often, these statements are obtained after an accident to make sure the recollections of the witnesses are captured accurately. 

When you file an insurance claim, it’s best to present as much evidence as possible. You can also take videos of nearby establishments, passersby, and traffic cameras as they may be helpful in getting additional evidence later. 

Establishing Liability

Liability in personal injury cases is established by proving the elements of negligence. You must prove that the at-fault party owed you a duty of care, they breached this duty, such a breach caused you to sustain an injury, and that you face financial losses because of this injury. 

No matter how you suffered an injury, proving the responsibility of the defendant is important when you file an insurance claim. A skilled personal injury attorney elko nv can help you with this.

Why the Statute of Limitations Should be Observed

Statutes of limitations offer information to accident victims on when they are allowed to file a personal injury claim. In Massachusetts, you have three years from the date the accident happened. Sometimes, you may not know right away that you have injuries. In this case, the clock starts running on the injury date. Your personal injury lawyer duluth ga can help make sure you know these time limits.