Your Personal Injury Case – Who is Responsible?

by Clearwater Personal Injury Lawyers Tragos & Sartes

Filing a successful personal injury case is not as easy as it may seem. In any personal injury case, a variety of factors come into play. In some situations, even determining who to name as a defendant in your injury case can be difficult.

Sometimes, a personal injury case can be fairly straightforward. Say you’re driving down the street, and someone who is asleep behind the wheel rear-ends you. You file a suit against them for causing your injuries, you win the suit, and move on. Simple, right? Let’s complicate the issue a bit. What if the person who hit you didn’t fall asleep out of carelessness, but due to the unforeseen side effects of a defective medication? Are your injuries still the driver’s fault, or is the pharmaceutical company at least partly responsible?

If you don’t like that example, consider this one: a driver is hit by a truck driver and suffers severe neck injuries from the impact, as well as chemical burns from the payload the truck was carrying. The truck driver is unscathed, but further investigation reveals that he has been driving more than federal regulations allow and was half-asleep at the time of the accident. Who is at fault? The answer is that it really depends. Was the truck driver driving over hours of his own volition or at the request of his employer? Can the employer be held responsible under the respondent superior doctrine? Did any mechanical issues with the truck contribute to the crash? If so, should the manufacturing company assume some of the fault? As for the cargo, was the driver properly warned about what he was carrying? Were the dangerous chemicals properly packaged and stored?

As you can see, the issue of responsibility in a personal injury lawsuit can become complicated long before the suit is even filed. Suing the wrong person is a waste of time and money. Even suing the right one can lead to a long, protracted legal battle.

In other words, an untrained individual would find it very difficult to successfully argue their personal injury case. This is where an attorney comes in. If you have been injured by someone else, it is in your best interest to hire a competent lawyer to handle all aspects of your case – from evidence gathering to legal wrangling.

Do you need legal representation for your personal injury lawsuit? If so, contact Clearwater personal injury lawyer right away. An experienced professional from Tragos & Sartes can help you through this difficult time in your life. Call 727-441-9030 today.