Elements of a Strong Personal Injury Case: Liability, Injury, and Insurance

How clear is liability?
When it comes to personal injury law, liability is at its core. The issues of causation, responsible parties, and legal liability are crucial elements to every personal injury case. After an accident or injury, sometimes liability is evident, but other times it can be much more complicated. In either case, it is the injured party’s burden of proof to show clear causation and liability. One must prove that his or her injuries were caused by the actions of the defendant.

Damages can only be assessed if liability is established. If you can prove both liability and damages, you are much more likely to receive compensation for your damages.

How are damages determined?
Damages may include medical bills, loss of wages and "pain & suffering." When determining the monetary compensation for damages, the most crucial factor is the severity of the injuries.

Generally, more serious injuries, including catastrophic injuries, loss of limbs, severe burns, long-term hospitalization or loss of life are much more likely to result in monetary compensation for damages than soft tissue injuries.

The injured party can seek compensation for both economic and non-economic harm. Economic damages refer to actual financial losses. These losses may include medical bills, rehabilitation costs, and medication expenses. Non-economic damages refer to intangible harm, including "pain & suffering" and emotional trauma.

What is the at-fault party’s ability to pay?
The primary factors here are the insurance policy limits and the income and assets of the at-fault driver. The insurance company will not pay more than the maximum limit of liability on the insurance policy.

If your damages exceed the insurance limits, then you would depend on the at-fault party’s ability to pay from their personal income and/or assets or your own uninsured or underinsured motorist coverage. This happens, but rarely.

If your case involves a vehicle accident with an uninsured or underinsured motorist, it can be very difficult to receive just compensation from the responsible party. If the party could not afford proper insurance, then it is very unlikely that they have the financial means to compensate you monetarily. At that point, your best option is to work with your attorney to pursue benefits under your uninsured or underinsured motorist coverage.

If you are injured by the negligent actions of another party, you deserve to be compensated for your personal injury claim. At York Gaskill, our attorneys will review your case for free. We have vast experience in all types of personal injury cases and there are no fees unless you win. Call us at 678.697.6789 or send us a message for a free consultation.