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Home Accident Law

Steps to Determine Liability After a Personal Injury in Miami

by Penny Tucker
August 4, 2023
in Accident Law
0

Sustaining pain or personal injury in a car crash or any other vehicular accident in Miami enables you to claim damages from the insurance company.

If you hire an experienced attorney, you can get a higher payout for damages. Your lawyer should have a proven track record of cases of lawsuits for damages settled in favor of the client. In case you are curious about personal injury rules, learn more here.

The success of winning personal injury lawsuits depends on determining liability after the accident.

Negligence vs. Strict Liability - Jones Kahan Law, LLC Ohio and Kentucky

Here are five steps to determine the liability after a personal injury in Miami:

Article Summary show
Prove Your Innocence
Driver Violated Traffic Laws
Inform the Cops
Documentary Evidence of Your Injury
Conclusion

Prove Your Innocence

The primary thing you should keep in mind is to take the first step in proving your innocence. It means the driver of the other vehicle or car was at-fault for wrongful driving. You can prove it legally establishes that you have been following all road safety rules.

You can also argue that you were not intoxicated, not listening to a song with an earplug, or talking to someone while driving.

Driver Violated Traffic Laws

Your attorney can establish legally that the other driver was not following traffic laws. The case will strengthen if it proves that the at-fault driver violated traffic rules.

  • The driver was drunk or driving under the influence of alcohol
  • They could not control the steering wheel because they were talking to someone that caused the mishap.
  • The driver was listening to a song or Music using an earplug, thus diverting their attention while on the steering wheels.

Inform the Cops

The Police report of the accident is essential to prove your innocence in the case. It also helps fix the accountability of wrongful driving to the other driver.

No insurance company will pay the damage without a copy of the police FIR exonerating your involvement in the case. In the absence of the Police report, you cannot expect compensation from the insurance company or the defendant.

Documentary Evidence of Your Injury

After a car crash, you must legally establish the extent of personal injury or pain suffered by you. You have to show the importance of bodily damage or injury sustained.

You can use the certificate issued by the nursing home or hospital where you have been undergoing treatment after the crash.

The following documents can come in handy in such a situation:

  • A document mentioning the number of days you had to stay in the hospital for the treatment of a particular injury
  • An X-ray report or CT scan report to confirm you’ve suffered an internal injury, including brain hemorrhage or any damage to soft tissues
  • A doctor’s prescription to mention the nature of the external injury sustained by you

Conclusion

After a crash, you have to legally establish that you have suffered pain due to the wrongdoing of the other driver. You have to build up your case by adopting the steps mentioned above.

Penny Tucker

Penny Tucker

I’m not the typical corporate attorney. Instead, I write about things I’m passionate about—including law, finance, and politics. In addition to writing, I’ve taught a class on writing for lawyers and am a contributing editor for lawrenca.com. To learn more, check out my site: https://lawrenca.com/

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