Being in a car accident is a jarring experience. Dealing with accident injuries, vehicle repairs, and insurance companies can quickly become overwhelming. If the at-fault party’s insurance company denies liability for your car accident, the situation becomes even more stressful. We understand how frustrating it is when your personal injury claims are dismissed.
This blog post will discuss what “denied liability” means and how a personal injury attorney can help the injured party navigate this challenging process. We’ll explore the common reasons for denied liability and explain how legal representation can protect your rights after an auto accident.
Establishing Liability in Personal Injury Cases
Establishing liability is crucial in personal injury cases. It means proving someone else’s negligence caused your injuries. Negligence involves five key elements: A duty of care exists (drivers must follow traffic laws).
That duty was breached (the driver ran a red light). This breach caused your injuries (the accident resulted in your broken leg). You suffered damages as a result (medical bills, lost wages).
Finally, the driver’s actions were both the proximate and actual cause of your harm—meaning your broken leg directly resulted from them running the red light. Other examples of liability in an accident include a slip-and-fall due to a wet floor or a wrongful death caused by another’s actions.
Sometimes, multiple parties can share responsibility; this is called comparative negligence. Even when liability seems clear, the liable party or their insurance company may deny the accident claim, leaving injured people and accident victims struggling. This situation can become complicated.
Common Reasons for Denied Liability
Unfortunately, even when negligence seems clear, the negligent party or their insurance company may deny liability. This leaves injury victims struggling to obtain fair compensation. Several common reasons underlie these denials.
Insurance adjusters might blame the victim, claiming, for example, that they were distracted while driving. They may dispute the severity of injuries, arguing they aren’t as serious as claimed. Another tactic is claiming a lack of evidence, even when an accident report exists.
Sometimes, they shift blame to a third party, like another driver or even a road construction crew. In a Santa Clara car accident, for example, an insurance company might try to minimize the impact of severe injuries or downplay the emotional distress caused by the accident.
These denials can feel unfair and manipulative, especially when you’re already dealing with the aftermath of an accident. They often aim to reduce the amount the insurance carrier has to pay, leaving injury victims to bear the financial and emotional burden.
How a Lawyer Can Overcome Denied Liability
A personal injury lawyer can be your strongest advocate when liability is denied. Here’s how they can help:
- Investigating the accident: Personal injury attorneys meticulously gather evidence. This includes police reports, witness statements, accident reconstruction, and even photos of property damage. A lawyer might analyze traffic camera footage or consult with accident reconstruction specialists to determine what truly happened.
- Dealing with insurance companies: Lawyers negotiate with insurance adjusters on your behalf. They challenge unfair denials and fight for a fair compensation claim, ensuring the at-fault driver’s insurance company fulfills its obligations. They understand insurance companies’ tactics and know how to counter them.
- Building a strong case: If necessary, a personal injury lawyer prepares your case for trial. This involves gathering evidence, interviewing expert witnesses, and crafting compelling legal arguments to maximize your compensation.
- Protecting your rights: Lawyers safeguard your rights throughout the process. They ensure you are treated fairly by the insurance companies and the legal system. They work to recover the full extent of your financial losses, including medical expenses, lost income, and other damages.
Dealing with a denied liability claim can be incredibly stressful. Personal injury law is complex, and navigating it alone can be overwhelming. Hiring our personal injury lawyer is invaluable, especially when liability is denied. We provide expert guidance and shoulder the burden of fighting for maximum compensation, allowing you to focus on healing.
We’re Here to Help You Recover
Dealing with a denied liability claim after a motor vehicle accident can be daunting. Whether it’s a Santa Clara car accident, an accident involving a defective product, or any other situation where you’ve been denied responsibility for your injuries, seeking legal counsel is essential.
Don’t face denied liability alone. Contact us today for a free consultation. We can help you understand your rights and fight for the fair settlement you deserve so you can focus on getting the medical care you need.
