If You Can’t Prove Who Caused Your Injury, You Won’t Recover Any Compensation
Proving fault for personal injury is the cornerstone of every Colorado Springs personal injury lawsuit. El Paso County judges and juries will not order a defendant to pay damages to an injured plaintiff unless they find that the defendant was responsible for the plaintiff’s claimed injuries and losses.
But assigning blame and proving fault for personal injury isn’t easy. Who caused a crash, slip and fall, or another incident that leads to injury is not always obvious. Even where a defendant clearly did something, or failed to do something, that caused an accident, the law may shield them from liability, or a judge may hold that the evidence that would support a finding of fault is not admissible in court. Sometimes, more than one person may be partially at fault for an accident, and if enough of that blame lay on the plaintiff’s shoulders, they will not recover anything. Even worse, the plaintiff’s attorney may simply not be up to the task of proving fault for personal injury.
Proving Fault For Personal Injury Takes More Than Your Word
As any good personal injury lawyer knows, it takes more than pointing a finger to assign fault for personal injury lawsuits. A person seeking compensation for injuries they sustained in an accident can’t just make an accusation of blame and expect a check to come in the mail. Proving who was responsible for injuries, and determining who should pay for the losses and damages suffered by an injury victim, takes much more work.
Assigning blame for injuries takes evidence and testimony and an understanding of the rules that determine whether a judge or jury can consider such evidence or testimony. Proving fault for a personal injury requires the ability to apply Colorado law regarding negligence to the specific facts and circumstances of an accident. You must have the experience, tenacity, and skill to fight insurance companies that will fight tooth and nail to keep their insured free of any blame.
Those are not qualities that most injury victims possess. An experienced personal injury attorney, on the other hand, has the education, training, and knowledge to prove that responsibility lay squarely with the other party, that they caused your injuries, and that they (and their insurance company) should be on the hook for your losses. That is why it is vital that you hire a personal injury attorney as soon as possible after the accident that caused your injuries.
The Insurer Will Try To Pin The Fault On Anybody But The Defendant
Make no mistake about it, insurers are in the business of making money, not in the business of making friends. Every dime they pay to injury victims is a dime out of their profits, so they want to pay as little as they can or pay nothing at all.
Insurance companies have seasoned lawyers who will cast doubt on the circumstances of the crash, and tell you that you were actually at fault. They will try to lead you to believe that you are unlikely to recover more than the paltry sum they offer you. Quite simply, they are trying to take advantage of you. Don’t let them. NEVER negotiate with an insurance company without a lawyer.
Fault For An Accident and Fault For Personal Injury Are Two Different Things
Even if the defendant is clearly responsible for the accident at issue, you still must prove that the accident is what caused your injuries. The defendant and their insurance company will not take it as a given that the back pain you experienced after the accident was their fault. They will look through your medical history with a fine-toothed comb to see whether you had any preexisting conditions or injuries, and will claim that the injuries you seek damages for were there before the accident. Proving the defendant’s liability for an accident will not mean much unless you can also prove that they are liable for your injuries.
Speak To An Experienced Colorado Springs Personal Injury Attorney Today
At King & Beaty, our experienced Colorado Springs personal injury lawyers understand how difficult it can be after an accident upends your life, and have the resources you need to help you recover. Proving fault for personal injury is just one of the ways we help individuals and families who suffer as a result of others’ negligence or recklessness. We are committed to your well-being and will leave no stone unturned to get you the maximum amount of compensation available. Please contact us today to arrange for your free initial consultation.
