An auto accident, like life in general, can be a complicated “he said, she said” event. In most cases, the other party may deny any responsibility for the accident while you’re positive it was his fault. Therefore, what takes place in the moments, days and weeks after an accident is critical to establish liability.
If witness testimony contradicts your story or you give slightly different details to the police officer and the insurance company, your credibility could be called into question. This is why it’s so important to consult with an experienced attorney after an accident, especially if you or your passengers sustained injuries. Let’s take a closer look at how liability is defined and what you must prove to make a case after an accident.
What Is Liability?
Simply put, liability means being legally responsible for something. Hence, it’s vital to prove who was negligent or who made the mistake (such as making an improper turn) in a car accident. Proving accident liability can get tricky since both drivers may bear some responsibility. So, the question is, who bears more responsibility?
Proving Fault To Establish Liability
You must be able to prove the other person’s liability for your injuries and damages. This means showing that:
- You suffered harm
- The harm was caused by the other person(s)
- The other person was negligent
- And the harm you have suffered can be remedied (to some extent) by compensation
You should keep any and all documentation that can help prove the harm you’ve suffered. This includes medical bills, property damage estimates and receipts and testimony from your doctors, family, coworkers, witnesses and anyone else who can help demonstrate how the accident has affected your life. If you’re pursuing the claim, the burden of proof is on you.
Another person’s liability car insurance may only cover a fraction of your medical costs and other expenses. The attorneys at Marc J. Shuman & Associates, LTD. have 77 years of combined experience handling auto accident cases. They will help you understand whether you have a valid claim and pursue any and all means of compensation for your injuries after an accident.
What Does Compensation Include After You Establish Liability?
Compensation after an accident can include payment for:
- Medical costs
- Lost wages
- Pain and suffering
- Compensation for disability/disfigurement
- Loss of normal life
Cases can be complicated when the other party does not have liability car insurance. Consult with an attorney if you find yourself in this situation.
About Comparative Negligence
In the state of Illinois, you can recover compensation as long as you aren’t more than 50% responsible for the accident. Under the principle of comparative negligence, the amount of compensation you can recover is based on your percentage of fault.
For example, if your injuries were worth $100,000 (according to a jury) and you were found to be 25% at fault, your claim would be reduced by 25%, leaving you with $75,000.
If You Or Someone You Know Has Been Involved In A Car Accident,
CALL (800) 722-9744 NOW To Speak To An Experienced Injury Lawyer For FREE.
Since 1996, the Law Offices of Marc J. Shuman & Associates have been helping Car Accident victims, all injured victims and their families, navigate the complex legal process. As experienced personal injury, worker’s compensation, auto accidents, compensation, and wrongful death attorneys, we can help you evaluate the facts, assess your options, navigate the legal challenges and advocate on your behalf.
Marc J. Shuman & Associates have over 77 combined years of experience advocating for over 20,000 injury victims and their families and recovering over 50 million dollars on their behalf. We advocate on your behalf, so you can focus on the task of recovery.