The issue of liability in a personal injury claim essentially comes down to the facts about the accident: who, where, what, when, how and why. For example, car accidents have fact patterns that are constant and repeat themselves over and over again. Here at The Law Offices of Gerald L. Marcus, we can usually determine if our client is not at fault for their injuries, completely at fault, or partially at fault, within a few minutes by discussing the client's situation over the phone or in a brief meeting.
If you are partly at fault for the accident and your injuries, your case will be classified as a comparative negligence case. Determining how to classify premises liability cases, slip and fall cases, or trip and fall accidents is a little more difficult and interesting because these cases generally involve more issues and areas of inquiry. Again, the fact patterns in these cases repeat themselves and our firm has the ability to assess whether our client was free of fault altogether, at fault, or comparatively negligent within a matter of minutes.
Dog bite cases are common and usually straightforward in that California law basically provides that the dog owner is strictly liable if his/her dog bites someone. Naturally, there are always extenuating circumstances which must be examined. There are hundreds of other types of factual scenarios giving rise to personal injury claims, but the above are probably the most common.
During part of our analysis, we will ask the prospective client what happened. From there, we take steps to determine what evidence might exist to support the claims of negligence and fault against the other party. This evidence usually exists in the form of witnesses, accident reports, incident reports, traffic collision reports, surveillance videos, scene diagrams, scene photographs, ambulance reports, property damage photographs, repair estimates, injury photographs, and anything else the prospective client might have or know exists. From there, our team will start the investigation process into pinpointing the exact cause of our client's accident and injuries.
With over 20 years of experience in this unique area of law, we are highly skilled at building strong personal injury cases that prove liability under the law. Our experience equips us to provide timely and effective solutions for clients who have suffered all types of personal injury accidents, so call today for a free consultation.
Insurance companies will almost always deny or dispute liability by trying to prove that the accident was your fault and therefore NOT covered under their insurance. They will delay your claim, they will interpret favorable police reports unfavorably, they will look for witnesses that don't exist, and they will run a claim industry index on you in order to discredit you based on old prior claims that have nothing at all to do with the subject accident.
If the insurance company is unsuccessful in outright denying liability, they will dispute liability and argue that you were comparatively negligent. For example, they will argue that you were speeding, or that you could have avoided your car accident by paying better attention. Whatever your specific injury may entail, you must realize that the insurance company will arbitrarily attempt to apply an apportionment of liability against you.
By understanding the anatomy of an injury claim and by enlisting the help of a qualified Los Angeles personal injury lawyer, you have the best chance at recovering the financial compensation you deserve.