How Is Fault Determined in a Personal Injury Claim?

If you have a personal injury claim in Arkansas, determining fault will be essential to recovering the financial compensation you deserve. However, this is not an easy process. Determining fault requires a comprehensive investigation; and then, once you have all of the facts, you must be able to accurately analyze the facts under Arkansas law. 

Then, there is the matter of proof. Even if you know what happened, the insurance companies aren’t going to pay unless you can prove that they are liable. With this in mind, here is an overview of some of the key steps involved in determining fault in a personal injury claim—as well as proving that you are entitled to just compensation: 

Conducting an On-Scene Investigation 

In most cases, one of the first steps is to conduct an on-scene investigation. It is critical to preserve as much evidence as possible before the evidence disappears. The evidence that is available at the scene of an accident could take a variety of different forms—from tire marks in car accident cases to construction debris in cases involving worksite accidents. 

Gathering Evidence from Other Sources

Along with preserving evidence at the accident scene, determining liability in a personal injury claim may also involve gathering evidence from a variety of other sources. Some examples of other potential sources of evidence include:

• Traffic camera or surveillance camera footage 
• Eyewitness testimony 
• Vehicle or property maintenance records 
• Employment records, internal communications, and other documents 
• Reports and testimony from various subject matter experts 

When it comes to determining liability, it is imperative to collect as much evidence as possible. You do not want the insurance company to have information that you do not. Once you have evidence that proves all of the relevant facts, only then you can make informed decisions about asserting your legal rights.

Analyzing the Evidence Under Arkansas Law 

After you have a clear understanding of the facts, the next step is to analyze the evidence under Arkansas law. While many types of mistakes can justify personal injury claims, filing a claim requires proof that the mistake at issue rises to the level of “negligence” under the law. In some cases, it will also be necessary to assess whether any mistakes that you made might limit the amount you are entitled to recover. These are complicated legal issues; and, to ensure that you are making informed decisions, you will need to work closely with an experienced personal injury lawyer who can provide a clear assessment of your legal rights and advise you with your best interests in mind. 

Presenting the Evidence to the Insurance Companies 

If you have a personal injury claim, the next step after assessing your legal rights is to present the relevant evidence to the insurance companies. Securing just compensation for an accident in Arkansas involves dealing with the at-fault party’s insurance company in most cases.

While the insurance company might conduct an investigation of its own, it is important not to rely solely on the insurance company’s findings. By working closely with an experienced lawyer to present clear and comprehensive evidence of fault, you can both: (i) maximize your chances of obtaining an insurance settlement; and, (ii) ensure that you do not settle for less than you deserve. 

Going to Court if Necessary 

While most successful personal injury cases settle out of court, sometimes victims need to go to court to assert their legal rights. If the insurance companies are not willing to accept liability, then you may need to ask a judge or jury to determine fault at trial. 

If taking your personal injury claim to court is your best option, your lawyer will prepare all of the available evidence to present at trial. This may include preparing various exhibits as well as subpoenaing witnesses and hiring experts to testify on the stand. Of course, the insurance companies will be preparing their own evidence as well, and your lawyer will need to be prepared to deal with the insurance companies’ evidence effectively in order to recover the financial compensation you deserve. 

Discuss Your Case with a Personal Injury Lawyer in Rogers, AR for FREE 

If you’ve been injured in an accident in Arkansas and need help proving negligence, we’re here for you. Personal injury cases can be complicated, especially when dealing with insurance companies and navigating the legal system. You need a law firm with the experience, resources, and determination to fight for the compensation you deserve.

At Oliver Law Firm, we’ve built a reputation for standing up for our clients and delivering results—not just in Arkansas, but nationwide.Call us today at 479-202-5200 or contact us online for a FREE case evaluation. We serve clients throughout Arkansas and throughout the United States from our office in Rogers, AR.