A truck accident heralds many challenges. Injuries to some parties, liabilities to others. Such occurrences are mostly unforeseen and usually very complicated. It is such that it takes the support of experts to determine whether or not an injury or liability has indeed arisen. If so, where do the liability of one start and the injury of the other end?
The question is mostly left to an attorney to present, and the answer is left to a judge to determine. As simple as this sounds, it involves several processes.
Determining Liability in a Truck Accident Case
While neither of these two occurrences is unpleasant, truck accidents are more complicated than vehicle collisions. More often than not, the truck driver is tagged as the “orchestrator of all evil.” However, upon investigation, it may be revealed that the driver is not the only liable party. Judicial precedent reveals that there are cases where the truck driver has observed due diligence and every duty of care. Such cases have also revealed that a truck accident may very well be caused by parties who did not witness the incident. Thus, liable parties may include:
- The truck driver
- The truck manufacturer
- The trucking companies
- Government entities
- The shipping company (responsible for loading the cargo)
- Insurance companies
More questions may arise based on the working arrangement of the truck driver. Where the driver runs an independent contract with a bigger truck company, the bone of contention is different. It begins to border on supervision between such companies and their contractors. These are issues that only a truck accident attorney can unpack while claiming damages.
If the accident occurred due to the failure of any part of the truck, then the truck manufacturer may be held liable. The grounds for liability and a claim for damages are peculiar to each case. The outcome of each claim is mostly dependent on the dexterity of the attorney in court.
Building a compelling case
Having gathered the facts of the incident, the attorney can tell whether his case will be presented before a jury in court or before an insurance company. Regardless of its nature, the goal remains the same. The attorney must build a case that is compelling enough to win the claims or absolve the client of any liability.
To build such a case, the lawyer is saddled with the responsibility of gathering and presenting concrete evidence before the court. While the evidence is important to the case, the claims cannot be overlooked either. The attorney must also prepare adequate data to specify the number of damages and defend the fairness of such claims. Medical bills and other documents that prove that the injured party has suffered losses will be appropriate in this regard.
When the case is presented before an insurance company, the attorney needs to consider the offer of the company and negotiate in the interest of the client.
While several attorneys practice within the niche of truck accidents, only a few can pull off the task. At Venezuela Law, we have years of experience and an excellent track record within the niche. From gathering evidence to building a case and negotiating interests, we have you covered. Contact us today.
Proving Premise Liability
When the topic of premise liability comes up, one can deduce that it has a lot to do with premises. However, the grounds for liability, the liable parties, and the claim for damages are not as straightforward as its name.
A premise liability lawyer’s job is to help their client obtain compensation for any injuries they have sustained. Such injuries stem from the negligence or recklessness of the landlords in maintaining the property.
However, merely tripping, slipping, falling, or sustaining an injury on the property of someone else does not make them automatically responsible. You must be able to prove that the occupant or owner of the property caused the injury. This might either be through something they did maliciously or something they negligently failed to do.
At least one of these factors must come into play for the owner of a property to be held liable. The owner or his employee knew about a situation that was potentially dangerous and made no effort to rectify it. The owner or his employee did not make adequate efforts to fix a hazard.
The owner or his employee ought to be aware of the potentially dangerous situation. This is because the hazard had been there long enough for any reasonable person who maintained the property to have discovered and fixed it.
As is common in many cases, slips and falls are caused by poor construction, shoddy materials, violations of building codes, or a failure to properly pack water or snow off paths of travel. These accidents can be severe, causing the victims pain and taking them through life-altering situations. A premise liability attorney helps such clients seek compensation for injuries based on the severity of each one.
DAMAGES POSSIBLE IN A PREMISE LIABILITY CASE
The total amount of compensation in a premise liability case is determined by several factors. Typically, this includes your temporary or permanent disability, pain, disfigurement, medical expenses, as well as the effect of the injury on the quality of your life. Your current and future loss of income will also be considered. There are also cases where punitive damages are awarded.
FILING A PREMISE LIABILITY CLAIM
Typically, every insurance company makes diligent efforts to avoid premise liability claims. Even when they offer a settlement, it is usually lower than the rightful compensation of the victim. However, things could change with negotiation. This is why you should consult a premise injury attorney. A good premises injury attorney should be able to determine the rightful compensation and negotiate it. With years of experience, we are a perfect fit for your case.
At our firm, our premise injury attorneys walk you through the process. They review your case and present the options to you. They outline the factors that determine your total compensation and prepare you for the lawsuit. If you or your loved one has been injured by the negligence of a property owner or occupant, our law firm can help you. Contact us today.
Slip and Fall Attorney
In most cases, slip and fall accidents have the least severe effects. They are mostly settled by the parties themselves. The simplicity of this process has therefore made it the norm to leave attorneys out of such cases. In all fairness, some cases do not involve attorneys. They are mostly clear and straightforward, with each claim and liability set out clearly from the onset.
However, some cases require the expert opinion of an attorney. Some slip and fall cases may be so complicated that one cannot easily determine liability. Also, insurance companies do not accept liability with open arms. They do their best to ensure that they are absolved of all liabilities. At worst, they are only willing to pay meager amounts for settlement. The services of attorneys are therefore needed to establish liability and secure fair compensation for injured parties.
The first task of an experienced attorney is to help the defendant understand how serious the case is. When the defendant or insurance company realizes the implications of their liability under the law, they are more willing to compensate the injured party adequately.
Establishing Responsibility for Your Slip and Fall
While the first move can get the attention of the defendant or insurance company, only a strong case and concrete proof can keep them concerned. The attorney has the responsibility to gather facts and evidence. The aim is to prove that the claimant has suffered an injury. More importantly, they must prove that the injury was caused by the defendant. To get the desired compensation, he must also prove that the injury is serious enough. The losses accruing to the claimant must be presented to support the compensation claim.
Slip and fall incidents happen so suddenly. Sometimes, you can hardly explain how you went from coming down the stairs to being wheeled out on a stretcher. Therefore, establishing a fault is impossible without investigating how the injury occurred.
If you did fall, was it caused by slipping, tripping, or losing balance?
Was it a result of your distraction or previous health issues?
Was the floor slippery or the rails faulty?
Did you carry anything heavy? How heavy was it?
These are questions the lawyer must ask during the investigation. He must also be able to match the facts of the case to the applicable laws. He must understand how each jurisdiction defines liability and the extent of each.
At Venezuela Law, we have the years of expertise and experience it takes to establish a strong case and negotiate fairly. If you or a loved one has suffered an injury due to a slip and fall case, contact us. We can take on the investigation and negotiate adequate compensation. We hold your hands in consultation and work the process as your legal representatives. Contact our law office today.
