Be prepared to address comparative fault in your case

| Jan 28, 2021 | Car Accident Injuries |

Succeeding on a personal injury claim requires showing two things: liability and damages. There are a lot of other pieces to the personal injury puzzle that have to come together before you can successfully prove those things, but you can’t win and recover the compensation you deserve without adequately proving both of them. This means that when addressing these issues you can’t simply rely on the big picture. You have to take a holistic approach to your car accident case so that you can fully protect your interests in the case.

Beware of comparative fault

For example, failing to prepare to counter allegations of comparative fault can greatly jeopardize your claim. Under West Virginia law, fault can be allocated to not only the person you’re suing, but also other nonparties and you. The damages that are awarded to you can then be reduced based on the allocation of fault applied to you and nonparties. So, you’ll only be able to recover $60,000 of a $100,000 award if it’s found that you were 40% responsible for the accident in question.

This shows just how important it is to not only play aggressive offense in one of these cases, but also aggressive defense. You have to be anticipate the defense’s arguments and have the evidence and legal strategies needed to successfully counter them. This might mean taking thorough depositions of relevant witnesses and gathering documentary evidence, such as police reports and accident reconstruction reports, that support your position.

Be prepared for what lies ahead

A lot of people think that personal injury cases are straightforward. Some of them are, but there are a lot of nuances that can complicate your case. Inadequately handling them can lead to significantly poorer outcomes than you might otherwise obtain. That’s why it’s often best for car accident victims to discuss their cases with an attorney who knows how to build them the case they need and deserve to maximize a showing of liability, increase the illustration of damages suffered, and reduce allocation of fault. If you think that you could benefit from this type of advocacy, then you might want to reach out to an attorney of your choosing.