What Does It Take to Prove Fault in a Personal Injury Case?

Would you drive with your eyes closed?

When drivers decide to text and drive, it’s the same as driving with their eyes closed. All it takes is 5 seconds of looking at your phone, while going 55 mph, to travel the entire length of a football field. If a distracted driver hits you and causes injuries, you can sue them for your damages. However, establishing fault can be tricky, especially if you have a complex case.

Were you recently in a car accident? Or are you dealing with some other type of personal injury case? The more you learn about how to establish fault, the easier it’ll be for you to maximize your settlement payout.

Read on to learn the truth about establishing fault.

When You Have to Prove Fault

Once an injury claim goes to trial, you have to establish fault to win your case. What types of personal injury cases wind up going to trial? Typically it’s cases where the defendant had a legal obligation to prevent harm from happening to the plaintiff.

For instance, let’s say a landlord doesn’t maintain their rental property and it results in an injury to one of their tenants. If the landlord isn’t willing to settle outside of the courtroom, the tenant will have to establish fault to prove the validity of their premise liability case.

Establishing Negligence in a Personal Injury Case

Negligence is a common cause of personal injury claims. There are 4 elements to negligence that you’ll need to prove:

  1. Duty
  2. Breach
  3. Causation
  4. Damages

First, to win your injury case, you’ll need to prove that the defendant had a legal duty and that they breached this duty in some way. For instance, drivers have a legal duty to drive responsibly. If someone decides to drive drunk, they’re in breach of their legal duty.

Next, causation means proving that the defendant’s breach of duty caused your injuries. Finally, you’ll have to use things like medical records to prove that have injuries.

If you have any photos of your injuries those will help establish the damages you’ve incurred. Keep in mind that your damages can also include psychological injuries. For instance, lawyers can help you prove non-physical damages such as pain and suffering, or emotional distress. 

What Happens When Multiple People Are Liable?

Moving on, if there were multiple parties involved in your personal injury claim you’ll need to prove negligence for each party. One of the benefits of having multiple parties involved is that you can usually receive a larger settlement payout. You’ll want to talk to your personal injury case manager to find out just how much your settlement payout could potentially be.

Let Justice Be Served

Proving fault in a personal injury case takes time, but it’s worth every second. By creating a rock-solid case, you and your lawyer will be able to make sure that you get the justice you deserve. Go ahead and reach out to your attorney today to find out if there’s any evidence you can supply to help establish the defendant’s negligence in your case. 

Are you ready to learn more ways to get your life back on track? Then you’ll want to explore the rest of this site!

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