One of the more difficult questions in a personal injury case is “who is at fault?” Deciding this question is the bulk of an injury claim with the remainder focused on to what extent and questions of compensation.
Many states have what are known as “contributory negligence” laws. That is, how much does each party involved in an incident share some of the fault?
In Maryland, it’s all or nothing. If a victim is found to be even partially at fault, they will not receive compensation. This makes it important to understand the facts of an incident and bring a strong case to avoid even small doubts to sway a court.
The most common place that this is seen is in the vehicle insurance system. In Maryland, insurance is at-fault, meaning that the responsible party holds the bag for restitution of harm.
This includes costs related to damage of property and medical bills.
This is helpful to both parties because it provides a more direct channel for bills to be taken care of. Under no-fault laws certain thresholds of damage and injury have to be met before insurance can be used. This leads to shortfalls in funding and difficulties for victims.
However, with at-fault insurance claims, the insurance agencies are also keen to shift blame, knowing that in doing so they can escape paying compensation. When an injury is big enough for something like an auto accident, involving both medical insurance and vehicle insurance, this makes for steep competition.
Another advantage of this system is your right to not cooperate directly with an insurance company. Rather than answering questions and taking interviews with an insurance agent, you are allowed to send all such queries through legal counsel.
This provides additional protections to help you avoid being seen as responsible for your own injury.
With so much depending on the placement of fault, you need to be prepared before speaking to any agent during an incident.
Whether you were driving, walking, a customer, or a guest you should explore your options and seek professional help. Under no circumstances should you provide a statement agreeing that you should or should not have taken an action.
For one thing, many people are unable to understand all of the elements involved in an incident. For another, you don’t want to jeopardize your ability to be compensated from speculation.
Speculation does little to help you and can harm you, so it’s best avoided. Even medical examiners are leaning to take more factors into consideration before making a decision on the circumstances of an auto accident.
Remember that there is a different between feeling responsible and being responsible. Being ‘tat-fault’ is a legal claim and should be decided by legal experts.
It’s important for you to be prudent in taking care of your well-being and health after an injury.
Get help by contacting us to walk you through the investigatory process of an accident. We’re here to help.