When an individual in McAllen is harmed because of another’s carelessness, he or she can file a personal injury claim. Fault in a personal injury case is not always simple to decide. A number of issues make determining fault a complicated, sometimes contentious process.
McAllen personal injury victims are also often faced with rude insurance companies and defenses aimed at lowering claims. This is why victims should hire an injury attorney in McAllen. A qualified lawyer can help in the recovery of the key evidence, interaction with insurers, and construction of a robust case to establish fault and receive an adequate compensation.
Below are reasons why establishing liability is problematic in a claim for personal injury:
1. Multiple Parties May Be Involved
One of the challenges of establishing liability is when several individuals are responsible for an accident. For instance, in a motor vehicle accident, liability may lie with the driver, the automobile manufacturer (if there was a defect). In workplace accidents, fault could be divided among an employer, a third-party contractor, or makers of equipment. Sorting out these layers of fault entails a lot of investigation and legal analysis.
2. Conflicting Evidence and Witness Accounts
Liability often depends on proving what happened, but conflicting evidence can make this difficult. Witnesses may have different recollections, and surveillance footage may not always provide a clear answer. Insurance companies and opposing parties may also present their own versions of events, further complicating the process. In such cases, accident reconstruction experts, medical professionals, and forensic specialists may be needed to establish liability.
3. Comparative Negligence Laws Can Reduce Compensation
Most states have comparative negligence laws, so the compensation of an injured party can be decreased in proportion to their fault. If a victim is partially at fault for injuries, he or she can expect a reduced settlement—or no settlement. For example, in a slip-and-fall lawsuit, the owner of the property will try to claim that the injured individual was distracted or overlooked warning signs. The defense plan usually involves deflecting blame to reduce liability.
4. Insurance Companies Tend to Deny Liability
Insurance providers dominate personal injury cases, and they usually try to deny or undervalue their payments. The adjusters would claim that the policyholder is not responsible for the accident or that the injury was pre-existing or overstated. They will also utilize recorded statements or past medical history to restrict their pay-out. That is why victims need solid legal representation to address these strategies.
5. Proving Duty of Care and Breach of Duty
To establish liability, a claimant must prove that the defendant owed them a duty of care and that this duty was breached. In some cases, this is straightforward—for example, drivers have a duty to follow traffic laws. However, in cases involving medical malpractice or defective products, proving that a specific action (or inaction) led to the injury can be far more complex. This often requires expert testimony and substantial evidence.
6. Delayed or Hidden Injuries Can Complicate the Claim
Some injuries, such as concussions, internal bleeding, or chronic pain, may not be immediately apparent. If a victim doesn’t seek medical attention right away, insurance companies may argue that the injuries were not caused by the accident. Additionally, proving long-term effects, such as emotional trauma or future medical complications, can be challenging without strong medical evidence.
7. Lack of Sufficient Documentation
A personal injury claim relies heavily on evidence, including medical records, accident reports, photographs, and witness statements. If key documents are missing, it becomes more difficult to establish liability. Victims who fail to report their injuries promptly or neglect to gather evidence at the scene may struggle to prove their case.
