How to identify negligent parties and hold them accountable for a third-party personal injury liability claim
Suppose you’ve been hurt on someone’s property, and the occurred injury was due to something present on the property, belonging to the owner or one of their employees. What would you do? If you want to file a lawsuit, how exactly would you do it and who would you deem liable for your injury?
This entire process will require an in-depth investigation through any third party lawyers you may hire for this case. Then, the liable party will have their insurance provider conduct another investigation to confirm. That’s when you can file your lawsuit. Here is how you can identify the liable party and hold them accountable for the damage caused to you due to their negligence.
Proving negligence and liability
In order for you to successfully hold a party liable for an injury that has been caused to you, you must remember four things. These are the elements on the basis of which it will be decided whether or not they were actually negligent.
- External influence: The defense could claim that there were other parties involved, due to which your accident occurred.
- They were legally bound by law to perform a certain task that they did not, which lead to your accident and injury.
- The liable party was directly the reason for your injury. It was caused due to something they did.
- You must show that actual loss occurred to you from this injury.
Know how to structure your case
You must provide actual proof that the other party is, in fact, liable for the injury caused to you. A strong case could make it so that the insurance provider sees that the insured was in the wrong, which would mean that you could avoid the court process entirely. Here is what you need to remember when gathering evidence at the scene of the injury:
- Make sure to get photos right when it happens, this will prove as great evidence because it will show the possible damage as it is.
- Having personal information on the other party may be of great use to you. It can be used to strengthen your case a lot.
- Any reports filed and written on the incident are a huge plus point. These will make the accident and your stance even more authentic and truthful.
- If possible, try to get a video of the scene of the injury right when it occurs. In a lot of cases, a video is a lot more trustworthy than a photograph.
- Witnesses are something that will strengthen your case the most. If there were any witnesses present at the time of the accident, make sure to get their contact information and call them in court when needed.
Any other information you may need will be the responsibility of the attorney you have hired, so your own responsibilities end here. If you make sure to do all of these steps, you should be able to win your case.
Thanks for sharing this information with us, very informative.