Q&A About Fault in a Personal Injury Case

Questions and Answers About Fault in a Personal Injury Case

When you’re injured in an accident, you might automatically have assumptions about fault. While your experience is certainly important, there could be other factors at play that will make fault look entirely different from another angle. Working with an attorney, you can get to the bottom of it and hopefully gain some compensation for your injuries, damaged property, lost wages and more. The following are some questions and answers about fault.

How Is Fault Determined?

Each personal injury situation is different, so determining fault can also be different. Insurance adjusters, police officers, your attorney and a judge could all look over the evidence to make that determination. Investigations are often conducted that look at any parties involved in the case. After your lawyer makes a determination, for example, he or she will present it to the court, after which a final determination will be made. The investigation often takes a deep look at negligence by any party.

Do I Need a Lawyer If I’m Not At Fault?

If you’re not at fault, it can still benefit you to hire a lawyer. Your lawyer can help you dig up proof and other evidence for the case. He or she can walk you through the legal process and assist in getting it filed with the court. If anyone is dealing with you unfairly, your lawyer can help you understand your rights and how to fight for them. If you would like to speak with a personal injury lawyer in Chicago, IL, then a firm like The Law Offices of Konrad Sherinian could be a good firm to contact.

Will I Get Compensation If I’m Partially At Fault?

In some states, you can still get compensation if you hold partial fault for the injury. Some states will award you compensation for the percentage of fault you don’t hold. If you are determined to have 20% of the fault, you would be able to gain 80% of the compensation. In other states, you aren’t allowed any award if you hold any fault. Even if you are found to only hold 3% of the fault, you wouldn’t gain anything for the incident.

Are There Other Parties That Might Be At Fault?

Not every case is as it seems. You might automatically assume someone who ran a red light and hit your car is responsible for the injury, when in fact it could be the car manufacturer who is found to be at fault. Maybe the other driver’s brakes were faulty and the manufacturer failed to issue a recall on time. The manufacturer could be the at-fault party.