Disputing Fault in a Phoenix Personal Injury Case

Phoenix personal injury

After an accident or other Phoenix personal injury incident, a victim may know that they did not cause the incident. In fact, in some cases, the other driver even admits guilt at the scene.

However, once insurance claims adjusters get involved, suddenly the other party is recanting their story or claiming they were not at fault. The insurer is also working hard to shift the blame to the victim.

It is an insurance company’s job to limit their losses, which means finding ways to pay as little as possible for injuries.

A victim must protect themselves by knowing how to prove fault and establish their case. This is the only way that they will receive compensation too.

How to Establish Fault in a Phoenix Personal Injury Claim

Certain types of evidence may help a victim prove their case. However, they should always consult with a personal injury attorney before assuming that they have substantial evidence or that there is no indication available.

Some types of evidence that Nolo recommends to help establish fault include:

  • Physical Evidence: This is the most important type of evidence and helps determine the facts of the incident. For a car accident, this could include photographs, police reports, damage reports for the vehicles, and more.
  • Witness Testimony: At the scene of the accident there is likely to be at least one eyewitness. This person can provide testimony during the depositions as well as trial stating what they saw during the crash. A witness saw a driver run a red light and cause an accident, or they could see someone slip and fall on a wet surface that was left by a company’s employee.
  • Expert Testimony: Experts are called in after the Phoenix personal injury attorney is hired, but they are still critical. They help bring evidence together, provide insight, and may be able to prove how certain evidence points toward the fault of the other party.

When the Insurance Company Disagrees

It is rare that the insurance company will agree with the victim, even when the evidence is against them. They would look for ways to reduce the settlement value even if the defendant was guilty. For example, they may try to claim that the plaintiff is claiming past injuries, or they may discount certain treatments considering them as “optional” and not necessary for recovery.

Regardless, insurance companies should never be handled alone. Instead, a victim should seek the assistance of a personal injury attorney to negotiate for them.

Disputes are common in an accident claim. Bottom line, the insurance company does not want to pay. They could deny a claim outright or stall the claim hoping that the plaintiff becomes desperate. Attorneys know how to handle these very situations because they negotiate with insurance companies daily.

How to Handle Insurance Companies before the Attorney Comes into the Picture

Whether a person cannot afford an attorney or they have not called one, it is important that they know the proper way to deal with the insurance company. Most likely, the insurance claims adjuster will make a settlement, and this offer will be extremely low – and nowhere near what a plaintiff deserves.

Tips for Handling Insurance Claims Adjusters

  • Stay calm: No matter what, a plaintiff must remain calm. Even when they are accused of causing the accident, or the insurance claims adjuster says something offensive, the plaintiff must be cautious about what they say or how they act. Lashing out at the adjuster could make them label the plaintiff as “aggressive.”
  • No official statements: If the adjuster requests an official statement, the plaintiff must decline. This statement can be used against them and could be used as evidence to lower a settlement amount or deny the claim altogether. Instead, a victim must speak with a personal injury attorney.
  • Do not discuss injuries: A victim does not need to go into detail about their injuries with the adjuster. Instead, they can discuss the facts of the claim, such as when it occurred, their name, address, driver’s license information, etc. They can state that they were injured, but then should refer the adjuster to their attorney for more details.

Hiring a Phoenix Personal Injury Attorney Will Not Cost the Victim

Most personal injury attorneys work on contingency fees; this is so those that are injured can have access to a lawyer regardless of personal funds. These attorney’s fees are often included in the cost of the lawsuit; therefore, the victim still walks away with the compensation they need to pay for medical bills, lost wages, and more.

Those injured should never assume they must fight insurance companies alone; instead, they should hire an advocate to fight the insurance company for them.

Contact Tobler Law for Assistance with an Accident Claim

Whether it was a car crash, slip and fall, or other serious injury caused by someone’s negligence, a person has the right to collect compensation in the state of Arizona.

To explore options and see the type of compensation one could receive, a victim can schedule consultation 24 hours per day, seven days per week with the Tobler Law accident team.

Call now to get started at 480-898-9700 or request a free consultation with a phoenix personal injury attorney online.