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Attorneys at Law

Proving Negligence In Injury Lawsuits

In order to prevail in a civil lawsuit, the plaintiff (the person bringing the lawsuit) must prove that the defendant or defendants more likely than not were responsible for causing the injury or damages, and that they were negligent in doing so. This standard is different from criminal cases, which requires a higher “beyond a reasonable doubt” standard.

In our judicial system today, most civil cases are resolved prior to trial.  Often, if a defendant recognizes that he or she is liable for causing damages, the defendant and their insurance company will ultimately seek to enter into a settlement agreement prior to trial. The settlement process, however, is usually contentious.

Blaming the Injured

Insurance companies and their lawyers usually seek to deny all liability of their clients. They often also seek to shift blame onto the injured or other third parties.  Many times, when they seek to shift blame, they will also offer a settlement that is unreasonably low, in hopes that the injured person will be desperate enough to accept their offer.

What Must be Shown In Order for Defendants and Insurance Companies to Enter Into Reasonable Settlement Negotiations?

Defendants typically will not enter into reasonable settlement negotiations until  the plaintiff can prove that they are in fact liable. In a personal injury case, they may assert that:

  1. There are no injuries, or that the injuries claimed are not as severe as claimed, and
  2. They are not responsible for causing the injuries.

Even in the case where injuries and liability appear to be obvious, these injuries and liabilities must be proven by items such as x-rays, medical reports, doctor testimony, eyewitness testimony, accident reconstructionist opinion and testimony, and other types of evidence.  Only then will defendants and their insurance companies usually consider making a reasonable settlement offer.

How We Position Your Case for Settlement and Trial

After filing a lawsuit, the discovery stage often entails hiring accident reconstructionists, interviewing witnesses, taking depositions, and other fact finding. In addition to proving that the defendant is responsible for causing the injuries, we sometimes need to also disprove any theories that the defendants may assert that the injured person or others are responsible for causing the injuries.

If a fair settlement is not possible, our clients are well-positioned for trial.  We call witnesses, experts (such as accident reconstructionists), and others who can help prove the case of our clients.

At Dore Law Group,our attorneys have decades of personal injury experience, and have successfully recovered millions of dollars for our clients through settlements and jury verdicts. We are there to represent your interests and will work vigorously to prove your case and to recover for you a fair settlement or a successful verdict at trial.

When It Matters Most – We’ll Be There for You