Proving the liability in most cases is not much of a problem; however, in a few cases it can be difficult because of two factors: The evidence is not readily available or the parties actually responsible for the injury are well hidden behind organizational walls or an excess of other possibly responsible parties.
Luckily, the evidence factor is easier in a civil case where the standard is just a “preponderance of the evidence” (a greater than 50% chance that the claim is true), not the familiar “beyond a reasonable doubt” (that’s the standard in criminal cases). The advance company will be viewing the case notes with an eye for the ease of gathering the right evidence (most of this is done by the Applicant’s lawyer during the “Discovery’ time period of the case…this will be discussed later) and linking up the evidence with the causation of the injury and the person or persons responsible.
Rarely, a case presents the other problem - parties responsible for the injury being well hidden behind organizational walls or an excess of other possibly responsible parties. If this situation presents itself then the Applicant’s lawyer and the advance company look to the probability of peaking behind the curtains that screen liable parties.
If either of these problems with proving liability appears in the case notes, then the solution may be found and the problem can be satisfied, by relying on the phrase “preponderance of the evidence”…this is not a high standard.
At this point, even if the case has jumped the previous three hurdles, the fourth one could be insurmountable.