How do you prove liability in a personal injury case? From simple car accidents to complex building collapses, the process can vary widely. While some cases are straightforward, others may require months of investigation, official reports, and careful analysis to determine responsibility. Learn how liability is established, from relying on OSHA or city investigations to collecting evidence and working through intricate details. Dive into the complexities of building a strong case.
How Do You Prove Liability in a Personal Injury Case?
So, how in the world do you prove liability in a personal injury case? In a simple car wreck scenario—say someone stops at a stop sign and gets rear-ended—there’s usually not much debate. The person responsible might lie or have an honest excuse, but liability in such cases is generally clear.
However, consider a case involving a building collapse. Sometimes it can take months, or even over a year, to determine exactly what happened and who, if anyone, is responsible. Let me give you an example: imagine a building in downtown Denver collapses today. The building is 100 years old, so your initial thought might be that age caused the collapse. But what if you discover that construction work was being performed on the building at the time? What if someone associated with the contractor came forward and said the work wasn’t being done properly?
In such situations, several investigations might occur. There could be an OSHA investigation, a city investigation, or even a criminal investigation. The authorities with jurisdiction over the collapse have the right to conduct their investigations without interference. Lawyers—especially those advertising on TV—don’t have the right to obstruct these official inquiries.
When I investigate something like this, I often wait for the official reports. Those reports contain valuable information that can help determine liability. While I may not always see everything in the reports, especially if there’s a criminal prosecution, I do gain insight into the findings. Additionally, I might conduct my own investigation, including taking videos or photographs, to strengthen the case.
Determining liability in personal injury cases can range from straightforward to highly complex, depending on the circumstances. It's about being patient, thorough, and working with all available evidence.