If you wish to settle your personal injury claim with an insurance company, you do not have to ‘prove’ fault in order to obtain compensation for your losses and damages. Continue reading to learn what you need to know about personal injury claims and settlements, including how to get started and who to trust with your case.
Who’s At Fault?
One of the most common reactions involved parties tend to have after an accident is to assign or question fault. Who or what is to blame for the accident? Who is responsible for the damages and losses suffered by the victims? How do I prove that they are to blame? How do I prove I am not to blame for the incident? These are all common, and quite normal, questions to have regarding personal injury liability.
You May Not Need to “Prove” Fault
Proving fault is not an essential part of the personal injury claims process when you wish to settle out of court. First you need liability insurance coverage and then some evidence of fault. Virtually all cars, homes, businesses, and other types of real estate, are covered by liability insurance policies. That means that most accidents end up involving the involved parties and the insurance adjusters assigned to the case.
Basically, the process of negotiating a settlement with an insurance company does not require you to provide legal ‘proof’ that the opposing party was negligent, and that the negligence caused the accident. All you really need is a reasonable argument demonstrating such facts, although the more facts and evidence you have in your possession, the stronger the argument becomes. In cases of defective products, you don’t even have to go that far due to strict liability laws.
Dealing With the Insurance Adjuster
In order to settle a claim with an insurance company after being injured in an accident, most often all you have to do is give the insurance adjuster a clear and concise explanation of what happened along with whatever evidence exists at that time. Within this explanation, include why the wrongdoer was negligent, and how their negligence caused the accident and subsequent injuries.
Once the insurance adjuster accepts your explanation and feels confident that you fully understand how the basic rules of liability coverage applies to your accident, the insurance company may pay you for medical bills, lost wages, and pain and suffering. But the most fragile factor is not being approved to receive compensation; instead, your claim focus will quickly transition from being paid to how much you will be paid.
When Proof of Fault May Be Required
If a claim goes to court, there will be a need to prove negligence with evidence and facts. In order to prove negligence, the claimant must show evidence of 4 facts:
❶ The negligent party had a duty of care (legal responsibility) to prevent injuries to the victim;
❷ The negligent party failed to uphold their duty of care;
❸ The negligent party’s failure to uphold their duty of care was a proximate cause of the accident;
❹ Your damages and losses are a proximate result of the accident.
Receiving a Low Settlement Offer
If you receive a low settlement offer from the liability insurance company, you need a seasoned personal injury attorney to fight for your rights to the full and fair compensation you deserve after being injured in an accident that was not your fault. To get started, simply choose a licensed and reputable Indianapolis personal injury law firm, and schedule a time to sit down and discuss your case in detail. They will give you advice on the best course of action to take for your particular claim goals.