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When Fault Isn’t the Issue

When Fault Isn’t the Is…

After being involved in an accident or injury, all parties involved in the incident begin to think about the fault. Questions fly around asking who is to blame and how they will be able to prove such fault. This article will discuss a personal injury claim whereby fault does not necessarily need to be proven.

It is essential to know that fault always comes to the fore in all personal injury claims. However, in some cases where proving fault is not a part of the legal process of receiving compensation. Other issues are of more importance.

If your ultimate goal in your personal injury claim is to settle with an insurance company, then proving fault goes out the window. The critical issue becomes whether the person has the appropriate insurance coverage.

Generally, liability insurance covers almost every vehicle, home property and business. As a result, when an accident happens, the plaintiff deals with an insurance adjuster rather than a lawyer or judge. And rather than focusing on explaining who is to blame, a successful claim needs a clear explanation, in simple language, as to how the insured was careless and how the carelessness caused the accident. Such an explanation is to be made to the insurance adjuster.

Suppose your explanation clarifies that the insured person or business was careless, and their carelessness led to the accident. In that case, the insurance company will likely pay compensation for the following losses:

  • Medical costs incurred
  • Lost income or wages
  • A certain amount dedicated to pain and suffering

Once such an explanation has been made, the issue moves from whether or not you will receive compensation to how much compensation will be provided.

The majority of liability claims are settled before the matter makes it to the courtroom steps. As a result, negotiating with the insurance company does not need you to provide legal proof that the insured was negligent and their negligence caused the accident. Instead, all you need to be compensated for your injuries is to provide a reasonable argument that the insured party was negligent.

However, it must be noted that there is no need to argue that the insured’s business was negligent with regards to defective products. Instead, negligence is presumed automatically under the rule of strict liability [Strict Liability | Wex | US Law | LII / Legal Information Institute (cornell.edu)].

Providing a reasonable argument that the insured party was negligent shows the insurance company that if the matter becomes a lawsuit, there is a high chance that a court may find the insured legally responsible for your losses. If this happens, the insurance company would be required to pay damages for your losses and cover court costs and attorney fees. This is why insurance companies prefer to settle out of court, saving them quite a bit of money.

The reality is that for those personal injury cases handled in court, proving fault is of the utmost relevance. And the burden of proof with regards to fault falls on the injured party.

For legal advice and representation in your personal injury case, contact a car accident lawyer Alaska [https://www.crowsonlaw-wasilla.com/auto-accident-lawyer/] today.


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