The entity or person who may be responsible for your injuries depends on the status of the person who caused the injury and the company who may be responsible for your injury. For example, if you are hit by a vehicle, you obviously want to bring a claim against the driver of the vehicle, but you also want to bring a claim against the owner of the vehicle or the driver’s employer in some cases. Or if you are in a slip and fall accident, you may want to sue both the company who owns and/or leases the place where the accident occurred and the owner of the property. These are just a few examples of why you should contact an attorney to determine who is at fault. If you do not sue the proper party for damages, you might automatically lose the case if you cannot amend it, such as when the statute of limitation has already expired.
If you are in an automobile accident, there are many factors which have to be investigated to determine who to bring a claim against. You would have a claim if you were struck by an automobile, motorcycle, bicycle or any other object. In a motor vehicle accident, the proper party to bring a claim against may be one or all of the following:
- Anyone who contributed to the accident, even someone who was jay-walking or the owner of property;
- The driver of the vehicle;
- The owners of the property;
- The driver of the vehicles and sometimes even the passengers under various circumstances;
- Sometimes the employer would be a responsible party in that the employer may have its agent or employee driving the vehicle. Therefore, the owner may also be responsible;
- If the driver of the vehicle is a minor, you may determine to sue the estate or the minors parents or guardian; and
- Your own vehicle insurance for medical payments or uninsured/under-insured accidents.
Slip, Trip, or Fall Accidents
If you are struck by an object or you slip, trip, and fall, one or more of the following parties may be responsible:
- The employer of a person while working caused you to fall or to strike an object;
- The owner of property where you fell;
- The lessee of property where you fell;
- The owner of a business where you fell; and
- The parent or guardian of a minor who caused you to strike an object or slip and fall.
Injuries Due To Defective Products
Sometimes if you are injured by a product, strict liability applies whereby you will not even have to prove the responsible party was negligent, just that they were in “control” of the property. The liable parties may be one or all of the following:
- The product manufacturer;
- The employer or business where you or someone else purchased the product; and
- The business or employer who supplied the product for you to use.
If you were injured by a defective product, contact a lawyer to do the necessary investigation, so that a claim can be made against the correct party before the statute of limitation expires, and so the party who carries the insurance policy may also be named.
Once every person or entity who may be responsible for an accident has been determined, your lawyer or investigator will notify them that an accident occurred, the time of the accident, and the place of the accident. Relevant insurance companies (including your own, if applicable) will also be notified immediately since many insurance companies require notice within a specific period of time.
If you or a loved one has been injured in an accident, contact David K. Kremin & Associates, PC at 1(800) ASK-A-LAWYER or 1(800) 275-2529.
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