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Proving Fault in a Personal Injury Lawsuit

Alex November 25, 2015

 

Man worker with elbow injury, concept of accident at work

Determining who is responsible in a personal injury lawsuit can get complicated, but ultimately it boils down to whether a person or business was being negligent and as a result caused your injury. After that is determined the at-fault party is responsible for paying compensation known as damages to the injured party. This can be reached with a negotiated settlement or court order. Evidence that will make a case stronger include:

  • Police reports or receipts
  • Contracts
  • Eyewitnesses
  • Photos or videos of the accident
  • Insurance claims
  • Medical documents

A knowledgeable experienced personal injury attorney will be able to help you in proving your case if you have become a victim in a personal injury accident. They can help you understand the law, answer any legal questions and fight with insurance companies to get a fair settlement.

The legal elements of negligence that must be proven in order to show another party is responsible for personal injury damages are:

Duty

The person or business (defendant) had a legal duty to the injured party (plaintiff). Ex. Drivers owe a duty of care to other motorist on the road.

Breach

The plaintiff must show that there was a breach or violation of legal duty.

Causation

The plaintiff’s injuries were caused by the defendant.

Damages

Lastly, the plaintiff suffered damages as a result of their injuries from the accident. Damages are usually monetary and cover things like: loss wages, property damages and medical bills. When the plaintiff is found partially at fault for their injuries it reduces the amount of damages awarded. This is called comparative negligence.

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