In a personal injury case the defendants and their insurance are often going to claim that they are admitting liability, and the lawyers also called or admitting liability or accepting fault but just what does it mean when a defendant admits liability and how can potentially impact the outcome of your claim?
Admitting liability may happen in any type of case, but it is most common in car accident cases. So first, before we can issue the question of how admitting liability affects the potential outcome of your claim, we have to get clear on what liability is versus what damages are.
To get compensation for personal injuries in a car accident case, you need to establish two elements — the first element is liability and the second element is damage. Liability is established by proving that the defendant is not full for the accident because they violated and applicable traffic law, such as they failed to yield, they ran a stop sign; they ran a red light or other laws that are easily broken. To prove following an accident, you can present witness testimony, police accident reports, pictures, videos and other types of evidence. If you have any questions about what may be considered as evidence, you can reach out to a car accident lawyer.
Once you prove that the other driver was indeed at fault for the accident, you still need to establish your damages. This requires your proof that your injuries are valid and that they were a direct result of the auto accident, as opposed to a pre-existing injury. If you want compensation for medical bills and expenses related to your injuries, you may need testimony from a medical expert and be able to show your medical treatment was reasonable and necessary. To prove her damages in a car accident case, you need to present testimony from an expert medical witness and confirm that your injuries were not for existing and were indeed caused by the accident.
An auto accident case that is going to be very clear and obvious as a fall for the car accident most of the time. For example, in a rear end collision, the driver it’s another car behind is almost always at fault. Another time I fall is going to be extremely obvious as a driver runs a stop sign a red light and causes an accident, the driver who ran the red light or the stop sign. In these situations, there’s not really a point in arguing that the defendant is not at fault making the plaintiff prove liability because both are extremely clear in most cases. If you are worried that you may have an accident, it looks like it’s extremely clean cut and it’s not speak with your car accident lawyer.
When the defendants offer the accident is obvious or not working testing, their insurance company is typically going to make the decision to admit liability this does not mean that you have a great case and you’re going to big settlement, admitting liability is often a strategic move done for purposes of the insurance carrier can focus all their resources on contesting the damages that are going to be cleaned in your case.