Personal Injury Lawyer
In most accidents that result in injuries, someone is found at fault. If someone else was responsible for causing your injuries, it can make the claims process a little more straightforward, as you’ll turn to their insurance for compensation. However, what if no one is at fault for your injury? Who do you turn to for compensation then? The answers are usually simple, mainly because you can generally find fault, even if it is just your own. Here’s how fault is determined and what it means for your case.
Negligence and Fault
Fault for any injury is determined by the negligent actions of one or more of the parties involved in the accident. For example, if a driver was texting and they rear-ended another car, causing whiplash in that driver, the texting driver’s negligence would make them at fault. To file a claim with that person’s insurance, you must be able to prove that they were negligent and that their negligence caused the accident that led to your injuries.
Proving another’s negligence is a tricky task. To do so, you must provide evidence that confirms the other person’s negligence. For the texting driver, you may be able to speak to witnesses who can confirm the driver was texting just before the crash. The more evidence you give, the greater chance your claim has of success. If there is any doubt about who was at fault, the insurance company may refuse to compensate you.
Most states have different laws for determining fault. Some split the fault between the two parties if both were partially at fault, while others are no-fault states. If you live in a no-fault state, you can only file a claim with your own insurance, even if another person caused your injuries.
When No One Is at Fault
If it seems like no one was at fault for your injury, take another close look at the situation. Slips and falls may appear innocent, but they can actually be the result of a company not properly maintaining the building or warning passersby of hazards. You may discover that your employer, another driver, or a company can be filed against for compensation.
If you are unclear about who is at fault for your injury, reach out to a personal injury lawyer, like from Barry P. Goldberg. They can help settle the facts about your case and create a strong claim to get you back on your feet.