In Personal Injury Cases, Admitting Fault ≠ Admitting Damages
In the movies, when a bad guy confesses to a crime often times he is arrested immediately and the case is closed. When the situation arises in a personal injury claim where a defendant admits fault, many of my clients expect a similarly quick and simple resolution. Unfortunately, the legal system is rarely as simple as Hollywood makes it out to be, especially when it comes to personal injury claims.
Although it may seem counter intuitive, a person can admit fault and still avoid paying you the damages you think you deserve. That’s because the law requires a personal injury plaintiff to prove more than just that the other party was at fault for the accident. A plaintiff must also prove that the defendant’s fault caused the particular damages alleged in the claim. As the blog has noted before in the context of insurance claims, many defendants will seek to undermine and undervalue a claim for damages by alleging the plaintiff sought improper or unnecessary treatments. If you don’t have convincing evidence to support your damages claims, you could walk away with next to nothing despite the defendant’s own admission as to liability.
Contact Sarah Nelson, P.C. Immediately
Being smart about your claim requires adequate and immediate action to address any injury that will form the basis of your claim, so as to make any damages easier to prove going forward. Most of all, however, it requires tempering your expectations through each phase of the litigation. Although an adverse party admitting liability may seem like a win, and it is in a sense, recovering for your claim will require much more. You should contact an experienced personal injury attorney who can help guide you through the process.