Who Is at Fault for My Miami Personal Injury?

If you were injured in an accident, you might be wondering “who is at fault for my Miami personal injury?” and “who should I seek compensation from?”

Determining negligence can be complicated, so retaining an experienced personal injury attorney is a good place to start. An investigation must be conducted to determine fault so that the appropriate parties can be named in your lawsuit.

Types of Personal Injury Cases

How and where you were injured is incredibly important to determining fault. Some common types of personal injury cases are as follows:

  • Slip-and-Fall Accidents Falls can take place at a store or other public location, and the entity responsible for its maintenance could be negligent.
  • Car Accidents The driver who hit you is likely responsible for the wreck, although an outside third party could also be partially responsible.
  • Truck Accidents Several parties could be liable after being hit by a semi-truck, including the truck driver, trucking company, and maintenance company.
  • Construction Accidents If you were hurt while working, you most likely have a workers compensation case. However, if a third party was at fault, such as the manufacturer of your safety equipment, you can file a lawsuit against them.
  • Product Liability Manufacturers have the responsibility to produce goods in a way that allows them to be used safely and without harm. If they fail to do so and you were injured, you might have grounds for a product liability case against them.

Regardless of how you were injured, if someone else caused your accident—whether through direct actions or a failure to act—he or she could be at-fault and held responsible.

Conducting an Investigation

To determine who caused your accident, an investigation must be conducted to gather evidence. Most accident cases are not cut-and-dry, making this is a critical step.

For example, if you were injured at a shopping mall, the exact location of your injury can indicate who is responsible. The responsible party could be a particular store, the mall maintenance company, a landlord, or all of the above.

Even car accidents can have more than one at-fault party, as is common when hit by someone driving for an employer, such as a delivery or bus driver.

Gathering Evidence for an Injury Claim

Evidence that can help prove your case includes all of the following:

  • Witness testimony
  • Pictures or video of the accident
  • Police or accident reports
  • Medical records

If not enough physical evidence exists, interrogatories and depositions may be conducted. This allows questions to be asked of the negligent party while they are under oath.

Speak with a Miami Personal Injury Attorney

To find out who caused your injury, schedule a free consultation with Lavent Law by calling 305-440-0450. You can also reach us by using the contact form below. Through the discovery process, it will become clear who should be sued and what your injury claim is worth.