The most critical factor to establish in an injury case is negligence. It is the basis for all personal injury claims and lawsuits. There are some cases in which the negligence is clear, and is not disputed, but surprisingly, this can be a little rare. It is more likely to run into a situation in which an insurance company, or the lawyer representing the company, disputes the fact of negligence, or tries to make a case that the injured person (or another party) held some of the responsibility in the case.
In any case in which there is a question about who was negligent, and to what degree, it is imperative that you are represented legal counsel who has a record of success at trial, particularly in proving negligence, and secondarily, on achieving high value awards. You cannot get any settlement or verdict without making a strong case to prove negligence first.
The manner by which negligence is proven will vary from case to case. A full investigation into the facts must take place as early as possible after the injury, before critical evidence is lost or destroyed. Interviews with eyewitnesses, company employees, law enforcement officers, medical professionals, and many others could be necessary. In an auto or vehicle accident case, it could be necessary to get an independent accident investigator to evaluate each vehicle, and other information, including the actual scene of the accident, or photographs if this is all that is available.
In cases of corporate negligence, it may be necessary to subpoena emails and other documents to prove that there was knowledge of the dangers that led to the injury, accident or death.
Every case is unique with regard to establishing negligence. Call upon Johnson Beard & Trueb, PC for assistance in serious injury cases in Alaska.