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Can You Make a Personal Injury Claim if You Cannot Prove Fault?

Can you make a personal injury claim if you cannot prove fault

In the event of a vehicle accident or personal injury, the people involved oftentimes focus exclusively on who or what is at fault. However, this may not always be the best way to look at the claims process. In some cases, proving fault may not even be an essential factor.

Almost every vehicle, home, or business carries some kind of liability insurance coverage. This means that in many personal injury situations, you end up dealing primarily with insurance adjusters rather than lawyers or judges. Making a successful claim in an insurance context is generally much easier than in a courtroom. It can be as straightforward as providing a clear explanation to an insurance adjuster of how the other party’s actions led to the accident.

If the insurance adjuster accepts your explanation, the liability insurance ­company may reimburse you for your medical costs, lost income, and compensation for any pain and suffering.  Sometimes, promptly providing a straightforward explanation of whose actions led to the accident or injury can immediately move the discussion from whether you will receive compensation or not to how much.

In practice, the majority of liability claims are settled without ever stepping into a courtroom. Negotiating with an insurance company is much more about making reasonable arguments rather than trying to provide “proof” of fault. Proving fault in this context usually means making a negligence claim. The legal theory of negligence in a personal injury case generally consists of the following four elements:

  • the defendant had a legal responsibility to avoid harming the plaintiff
  • the defendant failed to live up to that legal responsibility
  • the accident resulted from this failure
  • the injury resulted from the accident

As you can see, this is substantially tougher than just negotiating with an insurance adjuster. Thankfully, many personal injury claims can be resolved without anyone having to prove fault.

For over 45 years we’ve proudly served the citizens of Las Vegas in their personal injury and workers compensation legal needs. Visit our contact page to learn more and reach out to one of our attorneys.