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Kelly Law Team
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Phoenix, AZ 85004
602-283-4122
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Chapters:
Intro: 00:00
What does fault do?: 00:30
Yes, but difficult to do: 01:28
Lawyers and insurance adjusters play a big part: 02:05
A good law firm can get the job done: 03:02
Transcript:
hi this John Kelly I've been getting some YouTube questions I wanted to answer some so let's get into it uh first question comes from looks like Hannah and she Hannah asks can fault be changed in a personal injury claim so Hannah's question is a good one because there's a lot of times where we have a fault determined and the person that I'm representing is attributed some fault in the accident in the Collision or however the injury occurred and if the person that I'm representing has fault it means that they can't make a full claim if they're found to be 50 at fault they only have technically 50 percent of Damages that they can gather their compensation is is determined by that amount if there's 20 fault on a client that means that they only have 80 percent of their case against the other party if there's one other party so it can fall anywhere on the you know between 0 and 100 in Arizona you can make a claim but if you are attributed some fault the question becomes can I get that changed because I think I'm 100 not liable for this and the other person's 100 liable the answer to that question is absolutely yes fault can be changed it can be difficult to do and you'll probably want a lawyer representing you to make sure that that fault is changed let's say there's an accident there's 80 percent fault on the other party my client is 20 percent fault according to the insurance adjuster now that's just one person's idea of how to determine fault in the case you know the police may have cited someone for the accident but they don't sit there and write on their report what percentage fault they think both parties are so it's up to the lawyers and the insurance adjusters to make a determination of fault and argue it out and so if we have a disagreement about your fault and you think you're 100 not at fault for the accident we can absolutely get that changed it just takes some work and a lot of times what we're doing is we're filing a lawsuit and so if you file the lawsuit you now have the opportunity to interview other witnesses to depose them to gather your own evidence to kind of Mount Your evidence to make a determination change there and insurance companies will change their fault determination based on what they see coming through from the depositions and from the witness interviews from the photographs from what other things that you can gather on your defense and so usually a well-organized lawyer and Law Firm can put together and front load this process to make sure that that happens relatively quickly there are times where there's just that disagreement and ultimately that comes down to what a jury decides if if we can't get on the same page with the insurance adjuster and the lawyers that they hire we may have to take a case all the way to trial and a jury of the peers will eventually make that determination I hope that answers Hannah's questions if you do have other questions or anyone has questions please drop them in the comments if you do have a injury case that's catastrophic give us a call happy to walk you through the situations of of what might happen throughout the process and help you throughout it thanks
