When liability for an accident or injury is disputed, hiring an attorney becomes crucial. Disputed liability means that there is disagreement about who is responsible for causing the accident. This is a common tactic used by insurance companies to reduce or deny claims, and it can complicate the process of obtaining compensation. An experienced attorney can help establish the facts of the case, prove liability, and protect your rights. Here’s how an attorney can assist when liability is in dispute:
1. Conducting a Thorough Investigation
One of the first things an attorney will do is conduct a comprehensive investigation into the circumstances surrounding the accident. This includes:
- Gathering Evidence: Your attorney will collect all relevant evidence, such as police reports, medical records, photographs of the accident scene, and any available video footage. They may also obtain data from electronic devices, such as vehicle black boxes, which can provide crucial information about the moments leading up to the accident.
- Interviewing Witnesses: Witness testimony can be critical in proving who was at fault. An attorney will locate and interview witnesses to gather their accounts of the incident. Witness statements can help establish a timeline of events and clarify how the accident occurred.
- Working with Experts: In complex cases, your attorney may work with accident reconstruction experts, medical professionals, and other specialists. These experts can provide detailed analyses and testimony to support your case. For example, an accident reconstruction expert can recreate the events leading up to the accident to demonstrate how it happened and who was at fault.
2. Analyzing Legal Issues
Disputed liability often involves complex legal issues, such as comparative negligence or contributory negligence, depending on the state. An attorney will analyze these legal aspects to determine how they might affect your case.
- Comparative Negligence: In states that follow comparative negligence laws, your compensation may be reduced based on your percentage of fault. An attorney will work to minimize your share of the blame and maximize your potential recovery.
- Contributory Negligence: In states with contributory negligence laws, if you are found to be even slightly at fault, you may be barred from recovering any damages. An attorney will fight to prove that you were not responsible for the accident or that your contribution to the accident was minimal.