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Who Is at Fault for My Personal Injury?

Determining fault in a personal injury case is critical to the success of your lawsuit and to your ability to recover financial damages. This is not as simple as it may seem because more than one party could have been negligent, and you could also have partial responsibility for what happened.

Craig Swapp & Associates can review the details of your accident and help you to determine the answer to the following question: “Who is at fault for my personal injury?”

 

Who Caused Your Accident?

Determining who caused your accident is often at least partially indicated by the type of accident you were injured in:

  • Slip-and-Fall Accidents – Where were you when you fell? Who owned the property? Was someone else responsible for maintaining it? These are questions that must be answered to determine who was at fault. For example, if you were injured at the entrance to a store, the retailer may have been responsible for any dangerous circumstances, but so could the property manager and the owner of the building.
  • Truck Accident – In many cases, both the truck driver and the trucking company share responsibility for a crash. We will investigate the accident, review maintenance logs, and conduct depositions to find out if one or both parties were at fault.
  • Construction Accident – If you were injured in a construction zone, there are numerous parties that could be responsible. A construction company, government agency, equipment manufacturer, and others could all have some level of responsibility.
  • Product Liability – When someone is harmed by a bad product, the manufacturer, distributor, retailer, and even marketing company could be liable.

Given the complexity of most personal injury cases, a complete investigation of your accident is required to identify all negligent parties. This is necessary for ensuring that you have the opportunity to name each one in your lawsuit so that you can receive the maximum compensation possible. Once your case settles, you cannot go back and sue another party, making it important to get this right at the outset.

 

Proving Negligence in a Personal Injury Case

There is no such thing as a simple personal injury case. Even if you were rear-ended by another driver, his or her insurance company may try to prove that you were somehow responsible for the accident. This makes it imperative to have the strongest case possible so that any claims made by the insurer or opposing attorneys can be disproven or mitigated.

We will gather evidence that can be used to make a strong argument in court. This may include any of the following items:

  • Accident and incident reports
  • Witness statements and testimony
  • Video footage and photographs of the accident scene and your injuries
  • Medical reports and expert testimony
  • And more

 

Consult an Experienced Personal Injury Attorney

The personal injury lawyers from Craig Swapp & Associates are here to assist you. To find out who caused your accident and how much compensation you should receive, schedule a free, no-obligation case evaluation so that we can review your case in detail. Simply call 1-800-404-9000 or reach us through the contact form below.