Naming an At-Fault Party in Your Personal Injury Case: 4 Tips
Suffering a personal injury can disrupt your life in a variety of ways, from dealing with new chronic pain to losing your employment. While filing a lawsuit can be an effective way to recoup your losses, you may not immediately understand who is to blame for your accident. As you build a personal injury case, there are several strategies you can use for naming the allegedly guilty party.
1. Review the Police Report
You may not remember every detail of the accident as it happened, especially if you had head trauma or lost consciousness. Reviewing the police report may help you understand how your injury happened and what witnesses said about a possible cause. You may want to retain a copy of the report for later reference, as it may be especially helpful if your case goes to trial in the future.
2. Consider Whether You Share Blame
If you want to take your case to court, then you may want to understand whether you share any fault for the accident that injured you. For example, if you are involved in a car accident where both you and the other driver were distracted by phone calls or texts, the court could find you both at fault. In a personal injury case, shared blame is not always equal and one party may be more responsible for the accident than the other.
3. Speak To an Attorney
Taking your case to a lawyer may help you understand who to name as the guilty party. Review the police report with your attorney and discuss specific details that may help you build a stronger case. Your attorney may also be able to help you name multiple parties in your lawsuit, as some cases involve more than one individual. If your accident happened on the job and your employer does not carry workers’ compensation insurance, an attorney may be able to advise you about how to proceed for recovering damages.
4. Consider All the Details
You may believe that your accident was not avoidable and that there is no one to blame. However, reviewing all the details that led up to the incident may help you see where negligence may have been involved. Speak to witnesses if possible to ensure nothing of importance has been left out.
When the pain and suffering of a personal injury disrupts your life, the consequences can be difficult to handle. Fortunately, you do not have to navigate the process of filing a case on your own. Reach out to a personal injury lawyer, today for further information and to make an appointment for an initial consultation.