Personal Injury Lawsuits – How To Prove Fault?-- Gennady Litvin of Litvin Law Firm

Personal Injury Lawsuits – How To Prove Fault?

One of the most important factors of filing a personal injury lawsuit is to have appropriate information, which proves the injuries you sustained were due to the negligence of another person. However, many people sometimes fail to prove fault in a personal injury lawsuit and are unable to receive financial compensation for their injuries. So, here are a few steps you can follow to prove fault in a personal injury lawsuit. 

Negligence

If you have made your decision to file a personal injury lawsuit, gather any or all evidence related to your injury, including a police report, if one was filed. Other evidence can include photographs of the scene of the accident and your injury, or documents, medical reports, which could prove your injuries led to lost income.

After gathering appropriate information, it is important you contact a professional personal injury lawyer. This is because lawyers are well aware of the process and will guide you throughout, and will ensure you receive appropriate financial compensation for the injuries sustained. Since determining the party at fault requires a lot of digging and investigation, much of the process is carried out by your lawyer.

If you have followed the steps above and gathered all information from first, proving fault will surely not be a problem. However, if you do not have enough evidence, you can discuss and review with your lawyer and use negligence to prove fault. To hold a party liable for your personal injury, here are a few legal elements of negligence which must be proven in court:

Duty

Proving a legal duty owed to the plaintiff by the defendant is an important factor in proving fault in any successful personal injury claim. For example, all vehicle drivers owe other motorists on the road a duty of care.

Breach

The plaintiff must provide evidence or find witnesses to prove the defendant breached a legal duty, which then caused the accident.

Causation

One of the main factors of filing an injury lawsuit is to prove the defendant is responsible for your injuries. For example, if the defendant’s car is damaged similar to the way your car is damaged, causation cannot be denied.

Damages

The plaintiff must provide evidence of the damages or injuries sustained, such as medical reports or bills, or anything else which could prove your injuries led to lost income.

If you are unable to prove negligence, you can still prove fault through establishing an intentional conduct, or by showing the claim is subject to a ‘Strict Liability’ on the basis of any proof.

So, now that you are familiar with these steps, proving fault in a personal injury case won’t be a problem. However, filing a personal injury lawsuit is a complicated process and requires the assistance of a professional law firm, such as the Litvin Law Firm, or a professional lawyer who specializes in personal injury cases, such as Gennady Litvin.