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Questions about Personal Injury that you’ve been wanting to ask

By The Law Office of WT Johnson on May 29, 2014

The topic of personal injury law branches out to several subtopics. Each case is unique and as such, there might be questions that are left unanswered. Here are some questions that you may have had in your mind, but have not yet found the answer.

Question #1: How do I prove liability to get compensated?

Most of the time, proving liability may not be the top legal priority especially for car accidents. This is because most of your dealings will be with the insurance companies to seek compensation for the damages and injuries that were sustained due to the accident. When it comes to dealing with insurance companies, technicalities and legalities are not important – but the ability to recount the story in a clear way is.  ambulance2

In a car accident, it is unlikely that the insurance would like to see pictures of the skid marks and where your car was driving from, but rather a written statement of what happened from your point of view. If you can prove that you are aware of the rules of the road, it is likely that you will be awarded settlement. You can also provide supplementing evidence such as photos of the damage, and the police report to further improve your case.

As a matter of fact, insurance companies would rather settle than take the case on a full-blown court battle. Business-wise, it is a much better move to pay the victims directly for the damages sustained, than to shell out additional thousands of dollars to pay for lawyers to represent the case.

Question #2: I may have partially caused the accident, and I am injured. Can I still get compensated?

Most of the time, yes. Many states have implemented contributory and comparative negligence, which now awards a reduced amount of compensation to the victim if it was found that he or she contributed to the accident. As an example, if you and another vehicle were involved in an accident, and the fault was found to be 70% the other driver’s and 30% yours, then your award will be deducted by 30%. This is an example of comparative negligence.

When it comes though to contributory negligence, being deemed as equally or majorly responsible for an accident will make it unlikely for you to be compensated for any injuries that you sustained. However, it is possible to still get financial support by negotiating with your insurance company.

Question #3: I have physical limitations that made the injuries worse or the accident more likely to occur. Can I still get compensated?

Yes, definitely. Your physical limitations should not matter, as it is the responsibility of others to act with reasonable care so as not to cause accidents or harm to others. As an example, if you have a medical condition in which moderate jarring motions could be more dangerous to you compared to other people, it should not hinder you from getting compensated. The fact is that the accident happened, and this should be the main point of the case.

If you have more questions that you’d like to be answered, the lawyers of W.T. Johnson are competent and experienced with years of representing victims of personal injury. Call us to discuss.

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Posted in: Personal Injury

If you would like to discuss your claim with a member of our team, don’t hesitate to call us at (214) 231-0544. We’re ready to help you, and won’t rest until you receive the settlement you deserve.

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