During the process of a personal injury lawsuit, proving fault is the most difficult aspect of the process.
When a personal injury lawyer is attempting to recover damages for the plaintiff or their client, they need to be able to prove that the other party was at fault for the accident that resulted in their injury.
But how exactly is fault proven in a personal injury case? Let’s find out.
Understanding Personal Injury Cases
Before we dive into how fault is proven in an injury case, you need to learn about how personal injury cases work and the core fundamentals for how these lawsuits work.
According to Cornell Law, “personal injuries include every variety of injury to a person’s body, emotions, or reputation”.
There are many types of personal injury cases that lawyers choose to take on, ranging from everything from car accidents to a slip and fall accident.
With these types of cases to keep in mind, there needs to be a legal basis for personal injury cases, such as who is at-fault for the accident, among other things.
Elements of a Personal Injury Case
To effectively establish a strong personal injury case, there are three critical elements that need to be established in a court of law. These include:
The Duty of Care And Breach of Duty
A “duty of care” is a legally required obligation that requires someone to act with a reasonable standard of care toward another.
An example is when a drunk driver hits another vehicle, causing multiple injuries to the other party. Under this doctrine, it’s implied that the drunk driver violated his or her duty of care, causing a breach of duty to the party that became injured.
In determining what the specific duty of care is for each type of personal injury case, it all depends on the facts and circumstances of each specific case.
Establishing Causation
Causation, in simple terms, is the relationship between a cause and its effect.
It means that one person’s negligence needs to have caused an injury to the plaintiff. Now in personal injury cases, lawyers need to prove causation to establish a connection between the negligent parties actions that lead to their clients’ injury.
For instance, a lawyer can conclude that a dog bite that happened due to a negligent owner led to multiple injuries to the defendant such as broken bones or rabies.
A critical factor that can establish causation is proximate cause, which is the primary cause of someone’s injury, but there can also be multiple causes of someone’s injury.
Types of Evidence Used to Prove Fault
For most personal injury attorneys to prove fault, they need evidence to strengthen their claim wherever they can. The most common types of evidence that is used to establish the main elements of a personal injury lawsuit include:
- Witness Statements
- Documentation
- Photo and Video Footage
All of these elements above are critical in proving fault in a personal injury lawsuit, as any sort of evidence above can significantly strengthen your claim.
Common Challenges in Proving Fault
Just as witness statements, documentation, and photo/video footage can all be crucial forms of evidence in a court of law, there’s also common challenges in proving fault.
For example, let’s say that a lawyer brings in two separate witnesses from an accident to court. Now, all of a sudden, they both have conflicting statements that contradict each other and are not in support of your argument.
That is a common challenge in proving fault, but when gathering evidence, an attorney who focuses on personal injury has to be a detective at the same time.
What this principle means is that they need to determine any area of fault from an accident, and find different corporate entities to go after.
For example, a lawyer could go after an insurance company first, but then if they find out there has been a dangerous street in a city that has gone by with no improvements to safety over the years, that could be a solid target from a lawyer.
What To Do If You’ve Been Injured
If you have happened to be injured in the United States, it should be in your best
interest to call a trusted personal injury lawyer serving the greater Philadelphia region.
An attorney can help you protect your rights and also fight against those who may have injured you. Remember to take the time to hire an attorney that is also the right fit for your case.
The Personal Injury Standards Apply Across The United States
In summary, a lawyer can prove fault in a personal injury case by performing the following actions:
- Proving the Main Elements of A Personal Injury Lawsuit
- Using Various Types of Evidence
- Looking At Different Challenges In Proving Fault
Hiring a lawyer who focuses on personal injury can be the biggest difference maker when it comes to getting the compensation that you deserve. The best part is also that they work on what’s known as a “contingency-fee basis”.
So, if they don’t win, you don’t pay.
Remember that it should be of utmost importance to you to fight for the justice that you deserve.
Published by: Martin De Juan
